Patna High Court
Vishal Kumar @ Munna Kumar @ MunnaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyaya Sanhita, 2023 — s. 112(2), 305
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
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