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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the evidence against him is insufficient and prior antecedent does not justify denial.

Summary

Vikash Kumar was arrested in connection with a robbery of Rs.3,66,000 alleged to have been committed on a pick‑up vehicle, the offence being punishable under Section 309(4) of the Bihar Negotiable Instruments Act. The prosecution’s case is based solely on the confessional statement of a co‑accused, Md. Rijwan, in which the petitioner’s name appears, while no cash or other incriminating material was recovered from him. The petitioner’s counsel argued that there is no direct evidence against him and that the only recovery was from another accused, Md. Ibrahim, and that he has been in judicial custody since 28‑11‑2025. The State opposed bail, citing a prior criminal antecedent of the petitioner. After considering the lack of substantive evidence and the principle that bail should be granted unless strong reasons exist to deny it, the Court decided to enlarge bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties of the same amount each.

Issues considered

  • Whether bail can be granted to the petitioner when the only evidence against him is a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail under Section 309(4) of the Bihar Negotiable Instruments Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • prior criminal antecedent
  • Section 309
  • robbery
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21397 of 2026
                      Arising Out of PS. Case No.-201 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Vikash Kumar Son of Muntun Prasad @ Muntun Prasad Kushwaha Resident
                 of Village- Olipur, P.S.- Mahindwara, District- Sitamarhi
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :        Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Aurai P.S. Case No.201 of 2025 registered for the offence

                   punishable under Section 309(4) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   informant after selling his buffaloes was on his way to his home

                   with Rs.3,66,000/- with his business partner Md. Alam on a

                   pick-up which was being driven by Md. Rijwan @Aarju. On the

                   way, Md. Alam got alighted from the pick-up and after covering

                   some distance, two persons on a bike intercepted the pick-up,

                   looted the informant and the entire cash.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the name of this petitioner has

                   surfaced in the confessional statement of Md. Rijwan. Learned
            Patna High Court CR. MISC. No.21397 of 2026(2) dt.06-04-2026
                                                        2/2




                      counsel for the petitioner has further submitted that save and

                      except the confessional statement of co-accused there is nothing

                      against the petitioner. No recovery has been made from the

                      possession of the petitioner, rather recovery of cash has been

                      made from the possession of Md. Ibrahim. Learned counsel for

                      the petitioner has further submitted that the petitioner is in

                      judicial custody since 28.11.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has submitted that the petitioner is

                      having criminal antecedent of one case.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Judicial Magistrate 1st Class, Muzaffarpur (East) in connection

                      with Aurai P.S. Case No.201 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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