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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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