Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 309(4)
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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