Patna High Court
Vickky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2)
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
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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
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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