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Patna High Court

Vickky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Vickky Kumar was arrested in connection with a case registered under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, and has been in custody since 23 November 2025. The prosecution alleged that he was found in possession of stolen goods, while the petitioner claimed innocence. He applied for regular bail, and the State opposed the application. The High Court, considering the length of custody and the nature of the allegations, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount and to comply with specific attendance and cooperation conditions. The order expressly stated that the observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of offences under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the conditions imposed by the Court are sufficient to ensure the petitioner’s attendance and cooperation in the trial.

Legislation cited

Subjects

  • regular bail
  • bail bond
  • Section 303(2)
  • Section 317(2)
  • Bharatiya Nyaya Sanhita
  • custody
  • possession of stolen goods
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22028 of 2026
                      Arising Out of PS. Case No.-598 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Vickky Kumar S/O Ram Bhajan Vishwakarma R/o Mohalla- Bhaisani Tola,
                 PS- Malsalami, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar
                 For the Opposite Party/s :       Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Malsalami P.S. Case No. 598 of 2025 registered for the offence

                   under Section(s) 303(2) and 317(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner was

                   found in possession of the stolen goods.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 23.11.2025.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.

                                6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.22028 of 2026(2) dt.08-04-2026
                                            2/3




          the period of custody and the nature of allegation, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Malsalami P.S.

          Case No. 598 of 2025 subject to conditions that:-

                                              (i). The petitioner will mark his
                                  attendance at the Malsalami Police Station
                                  on every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                            (iii). Both the bailors will be close
                                  blood relative of the petitioner.



                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.22028 of 2026(2) dt.08-04-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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