Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
The petitioner, Vishal Kumar, applied for regular bail in a case registered under section 309(4) of the BNS for alleged theft of household articles and mobile phones. The prosecution alleged that unknown miscreants committed the theft, and the petitioner’s name surfaced based on a co‑accused’s confessional statement, with two mobile phones recovered from him. The petitioner contended his innocence, highlighted that the stolen phone was a Vivo device while the phones seized from him were Samsung and Oppo, and asserted he has no prior criminal record and has been in custody since 12‑09‑2025. The State opposed the bail. Considering the lack of direct evidence linking the petitioner to the stolen items and his clean antecedents, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under section 309(4) of the BNS in view of the evidence and circumstances of the case
Legislation cited
- BNS — s. 309(4)
Subjects
- regular bail
- section 309(4) BNS
- theft
- mobile phone seizure
- false implication
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21404 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Vishal Kumar son of Vikash Paswan, resident of village Mahathwar, P.S.
Kalyan Bigha, District – Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, 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 regular bail in a case
registered for the offence punishable under sections 309 (4) of
the BNS.
3. The case of the prosecution, in brief, is that some
unknown miscreants committed theft in the house of the
informant and stole household articles along with mobile
phones.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
name of the petitioner surfaced during investigation on the basis
of the confessional statement of co-accused, Mithun. It is further
submitted that the petitioner has also made a confessional
Patna High Court CR. MISC. No.21404 of 2026(2) dt.06-04-2026
2/2
statement. From perusal of the seizure list, it appears that two
mobile phones were recovered from the possession of the
petitioner.
5. Learned counsel for the petitioner further submits
that, from the perusal of the F.I.R., it is evident that the mobile
phone stolen from the house of the informant was of Vivo
company, whereas the mobile phones recovered from the
petitioner are of Samsung and Oppo company. It is also
submitted that the petitioner has no criminal antecedents and is
in custody since 12.09.2025.
6. Learned A.P.P. has vehemently opposed the prayer
for bail.
7. Considering the aforesaid 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 Harnaut P.S. Case No. 266 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
Chief Judicial Magistrate, Nalanda, Biharsharif.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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