Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Vicky Kumar, applied for bail in a case (PS‑1353/2025) where he was accused of theft of a motorcycle under Section 303(2) of the B.N.S. The prosecution alleged his involvement, while the petitioner claimed innocence, stating he was not named in the FIR and that his name appeared only in the co‑accused’s confessional statement. He had been in custody since 27‑01‑2026 and possessed two prior criminal antecedents, but no material was recovered from his possession. The State opposed the bail. The Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear at the police station on the first Sunday of each month, failing which bail may be cancelled.
Issues considered
- Whether bail should be granted to the accused under Section 303(2) of the B.N.S. despite prior criminal antecedents and lack of material recovery
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- bail
- criminal procedure
- Section 303(2) B.N.S.
- theft
- prior antecedents
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20113 of 2026
Arising Out of PS. Case No.-1353 Year-2025 Thana- NAWADA District- Nawada
======================================================
Vicky Kumar S/O Shree Chaudhary R/O Village- Gondapur, P.S- Nawada,
Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nawada (Town) P.S. Case No. 1353/2025 dated 28.12.2025 for
the offences punishable under Section 303(2) of the B.N.S.
3. As per the prosecution case, the petitioner is
accused of committing theft of a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case and he is in custody since 27.01.2026 and has two criminal
antecedents. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is not named in the
FIR. The name of the petitioner has transpired in the
confessional statement of the co-accused, Ajay Kumar Singh.
Patna High Court CR. MISC. No.20113 of 2026(2) dt.01-04-2026
2/2
5. Learned APP appearing for the State opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned CJM, Nawada in connection with Nawada (Town) P.S.
Case No. 1353/2025.
As a condition of this order, the petitioner after being
released on bail is directed to mark his attendance at Nawada
Police Station on first Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
(Sandeep Kumar, J)
atul/-
U T
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