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Patna High Court

Vikky Kumar @ Vicky KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the nature of the offence and the stage of trial did not warrant its grant.

Summary

The petitioner, Vikky Kumar, was arrested in connection with a robbery and assault case (Sugauli PS Case No. 263 of 2024) under Section 393 of the Indian Penal Code. The alleged crime involved multiple accused persons stabbing a victim, binding him, and looting his mobile phone, cash, and a watch, with the looted mobile phone later recovered from the petitioner. The petitioner’s name appeared in a self‑incriminatory statement of a co‑accused and other material linked him to the offence; he has been in custody since 4 July 2024. He filed a second bail application, arguing that although charges were framed, no witness had yet been examined. The Court held that the seriousness of the allegations and the commencement of trial did not warrant bail, and consequently dismissed the application.

Issues considered

  • Whether bail can be granted to the accused in a case under Section 393 IPC when charges are framed but no witness has been examined
  • Whether the presence of self‑incriminatory statements and recovered stolen property justifies denial of bail

Legislation cited

Subjects

  • bail
  • Section 393 IPC
  • robbery
  • self‑incriminatory statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20263 of 2025
                   Arising Out of PS. Case No.-263 Year-2024 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Vikky Kumar @ Vicky Kumar Son of Motilal Sahni Resident of
                 Village/Mohalla- Ward No. 09, Malahi Tola, Lal Saraia, P.S.- Majhauliya,
                 Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   30-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Sugauli P.S. Case No.

                   263 of 2024 registered for the offence punishable under Section

                   393 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 03.10.2024 in Cr. Misc. No. 69436 of 2024, which

                   reads as follows:-

                                              Heard learned counsel for the petitioner and
                                 learned APP for the State.
                                              2. The petitioner seeks bail in connection with
                                 Sugauli P.S. Case No. 263 of 2024 registered for the
                                 offence punishable under Section 393 of the Indian Penal
                                 Code.
              Patna High Court CR. MISC. No.20263 of 2025(6) dt.30-01-2026
                                                          2/2




                                                  3. For committed loot, unknown accused
                                     persons have stabbed the victim and thereafter, they tied
                                     the hands, legs and mouth of the victim and threw him.
                                     Mobile phone, Rs. 22,000/- and one watch was looted by
                                     the accused persons. The petitioner’s name has come in
                                     the self inculpatory statement of the co-accused. Other
                                     materials have also come against the petitioner to
                                     connect him in the case. The looted mobile phones have
                                     been recovered from the possession of the petitioner. The
                                     petitioner is in jail since 04.07.2024.
                                                  4. Considering the nature of allegation, I am
                                     not inclined to grant bail to the petitioner.
                                                  5.    Accordingly,         the   application   stands
                                     dismissed.

                                     4. Learned counsel for the petitioner submits that

                        though the charges have been framed, but no witness has been

                        examined and therefore, the petitioner may be granted bail.

                                     5. Considering the fact that trial has started, no ground

                        for review is made out. Accordingly, this application for regular

                        bail stands rejected.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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