Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
Vikash Kumar was arrested on 19 January 2026 in connection with an FIR dated 27 August 2025 alleging illegal sand mining, charging him under Sections 317(2) and 111 of the BNS. The petitioner contended that the FIR was fabricated, that only suspicion linked him to the crime and no substantive evidence was found. The State opposed bail, noting four other pending cases, though the petitioner was already on bail in those matters. The Court examined the lack of material evidence and the petitioner’s bail status in other cases, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to enforce the bail conditions and allowed cancellation of bail for violations.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the alleged lack of substantive evidence.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present case.
Legislation cited
- BNS — s. 111, 317(2)
Subjects
- bail
- illegal sand mining
- suspicion
- criminal antecedent
- Section 317
- Section 111
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22547 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Vikash Kumar S/o Sharwan Yadav @ Shrawan Kumar Resident of Village-
Mosma, P.S.- Warisaliganj, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Man Mohan Kumar, learned counsel for
the petitioner and Mr.Md. Ataur Rahman, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
19.01.2026 in connection with Pakaribarawan P.S. Case No.
336 of 2025, F.I.R. dated 27.08.2025 registered for the offence
punishable under Sections 317(2),111 of BNS.
3. As per FIR, the informant got a secret informant
that some illegal sand mining activity was being committed by
the petitioner and Chhotu Kumar.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Further submits that from a bare perusal of
Patna High Court CR. MISC. No.22547 of 2026(2) dt.07-04-2026
2/3
the FIR it appears that the name of the petitioner has been
transpired during investigation merely on the basis of suspicion
and except the suspicion, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and the
petitioner is in custody since 19.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one but fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-II, Nawada in
connection with Pakaribarawan P.S. Case No. 336 of 2025 with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.22547 of 2026(2) dt.07-04-2026
3/3
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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