Patna High Court
Vikash Kumar Yadav @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding the allegations insufficient to justify continued detention.
Summary
Vikash Kumar Yadav was arrested in connection with the alleged theft of a JCB, charged under section 303(2) of the BNS, and has been in judicial custody since 23‑12‑2025. The prosecution’s case is that unknown miscreants stole the JCB and the petitioner’s name was linked to the crime through spy information and a co‑accused’s confessional statement, although no material was recovered from him. The petitioner contended that he is innocent, was falsely implicated, and that the evidence against him is merely suspicion. The State opposed regular bail, highlighting two prior criminal antecedents. After considering the facts, the court held that the suspicion and lack of direct evidence did not justify continued detention and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order disposes of the bail petition in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to regular bail under section 303(2) of the BNS despite alleged criminal antecedents.
- Whether mere suspicion and a co‑accused’s confessional statement, without material recovery, suffice to deny bail.
- Whether the petitioner’s prolonged judicial custody without substantive evidence warrants bail.
Legislation cited
- BNS — s. 303(2)
Subjects
- regular bail
- section 303(2) BNS
- judicial custody
- false implication
- confessional statement
- criminal antecedents
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20786 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Vikash Kumar Yadav @ Vikas Kumar S/o Dev Prasad Yadav @ Amardev
Yadav @ Amardev Prasad Yadav Resident of Village - Bahuarawa, Baharshi
Tolla, Police Station - Majhauliya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 303(2) of
BNS.
3. The case of the prosecution is that some unknown
miscreants have stolen the JCB of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the name of this
petitioner has been surfaced in this case on the basis of
information of spy. The petitioner has given his confessional
statement and on the basis of his confessional statement, two
Patna High Court CR. MISC. No.20786 of 2026(2) dt.02-04-2026
2/2
other persons were remanded and on the confessional statement
of co-accused person, the JCB was recovered. Nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case merely on the basis of suspicion.
Moreover, the petitioner is languishing in judicial custody since
23.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Banjariya P.S. Case No. 233 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate First
Class, East Champaran at Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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