Created by Fuzzy Cloud

Patna High Court

Vishal Kumar @ Munna Kumar @ MunnaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner upon condition of a bail bond and sureties.

Summary

Vishal Kumar (also known as Munna Kumar) was arrested in connection with a theft of electronic goods from a store, alleged under sections 305 and 112(2) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that the FIR was lodged against unknown persons and that he was falsely implicated based on a co‑accused’s confession, with no incriminating articles recovered from his possession. He had been in custody since 27 November 2025 and the chargesheet had already been filed. The State opposed the bail application, but the court noted the lack of material evidence, the long pre‑trial detention, and the petitioner’s antecedents. Accordingly, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused under sections 305 and 112(2) of the Bhartiya Nyaya Sanhita, 2023 in the absence of incriminating material and after prolonged pre‑trial detention.

Legislation cited

Subjects

  • bail
  • theft
  • false implication
  • antecedents
  • regular bail
  • Bhartiya Nyaya Sanhita
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18201 of 2026
                       Arising Out of PS. Case No.-478 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Vishal Kumar @ Munna Kumar @ Munna Son of Birendra Mahto R/o-
                 Tamtam Parao (Padab) Utari Sangat P.s- Phulwari Sharif (Fulwarisharif)
                 District- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   07-05-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rupaspur P.S. Case

                   no.478 of 2025 registered under sections 305 and 112(2) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that he has been working for the last five years as a Store

                   Manager. On 26.7.2025, upon opening the store in the morning,

                   it transpired that the lock of the shutter had been broken and a

                   theft had taken place of electronic goods including phones

                   belonging to the company Apple and Samsung etc., details of

                   which has been given in the FIR.

                                4. Learned counsel for the petitioner submits that the
             Patna High Court CR. MISC. No.18201 of 2026(3) dt.07-05-2026
                                                         2/2




                       FIR was registered against unknown. The petitioner was falsely

                       implicated in the case in course of investigation on the basis of

                       confessional statement of co-accused made before police. No

                       incriminating article has been recovered from the petitioner’s

                       possession and the reason for his implication is his antecedents.

                       He is in custody since 27.11.2025.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR, no incriminating article having been recovered from his

                       possession, his being in custody since 27.11.2025 and

                       chargesheet having been submitted in the case, the petitioner is

                       directed to be enlarged on bail in connection with Rupaspur P.S.

                       Case no.478 of 2025 on furnishing bail bond of Rs.10,000/-

                       (Rupees Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of the learned A.C.J.M-II, Danapur,

                       District-Patna.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.