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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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