Patna High Court
Vicky Kumar @ Nikk KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Vicky Kumar, was arrested in connection with a robbery and assault alleged under Section 311 of the Bharatiya Nyaya Sanhita, 2023, where the informant claimed he was stabbed and his belongings stolen at Darbhanga Railway Station. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and that the co‑accused Badal Kumar, whose house yielded the stolen mobile, had identified him only after investigation, with no third‑information‑report yet filed. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the facts and submissions, granted bail subject to a cash bond of Rs.10,000 with two sureties and several conditions regarding cooperation, attendance, and non‑tampering with evidence. The order also stipulated that a blood‑relative must act as one bailor and that failure to appear could lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to bail under Section 311 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the circumstances of the investigation and the nature of the offence justify denial of bail.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 311
Subjects
- bail
- criminal procedure
- Section 311
- Bharatiya Nyaya Sanhita
- robbery
- assault
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2074 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- DARBHANGA RAIL P.S. District-
Samastipur
======================================================
Vicky Kumar @ Nikk Kumar Son of Rajkumar Paswan, Resident of Village-
Gangwara Sara Mohanpur, Police Station- Nagar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Darbhanga Rail P.S. Case No. 141 of 2025 dated
08.10.2025 registered for the offence punishable under
Section 311 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on the
alleged date of occurrence, the informant had gone to
Darbhanga Railway Station to board a train for Chennai and
while he was returning after relieving himself, the accused
persons stabbed him in the back due to which his mobile
fell down. Thereafter, four other culprits also came there
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and one of the culprits took out Rs. 2000/- from the
informant's pocket and also took away his mobile and
Rucksack bag.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that the F.I.R. has been lodged
against unknown persons. During investigation, co-accused,
namely, Badal Kumar was arrested, who disclosed the name
of the petitioner. It is further submitted that the stolen
mobile was recovered from the house of the co-accused
Badal Kumar. Further, it is submitted that the petitioner and
co-accused Badal Kumar have been identified through
mobile by the informant. It is submitted that no T.I.P. has
been conducted as yet. The petitioner is in custody since
13.10.2025, having one criminal case against him and
charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
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bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M., Samastipur in connection with Darbhanga Rail
P.S. Case No. 141 of 2025, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
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shall appear every fortnightly to mark his
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
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