Patna High Court

Vikash Kumar @ Badri @ Golu @ Bikash KumarversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that regular bail must be granted as the petitioners lack substantive evidence of guilt.

Summary

The petitioners were charged under sections 334(2), 303(2), 310(2) and 317(3) of the B.N.S for alleged theft of gold and silver jewellery from a shop. The FIR named unknown miscreants, but during investigation a co‑accused, Govind Kumar Rai, gave a confessional statement implicating the petitioners, while no material was recovered from them. The petitioners had been in judicial custody since 29‑11‑2025 and argued that the only basis for the case was the co‑accused’s statement, which was insufficient for continued detention. The State opposed regular bail, contending the seriousness of the offences. After hearing both sides, the court found the lack of direct evidence against the petitioners compelling and ordered their release on regular bail upon furnishing a bond of Rs 10,000 with two sureties each.

Issues considered

Whether regular bail should be granted to the petitioners in the absence of material evidence against them.

Legislation cited

B.N.S. — s. 303(2), 310(2), 317(3), 334(2)

Subjects

regular bail
criminal procedure
theft
confessional statement
co‑accused
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24785 of 2026
                   Arising Out of PS. Case No.-474 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Vikash Kumar @ Badri @ Golu @ Bikash Kumar Son of Shankar Mahto
                  R/o - Badi Durga Ashtan, Ward No.03, P.S - Rosera, District - Samastipur,
                  Bihar.
           2.     Krishna Kumar Son of Ram Narayan Mahto R/o Village - Mirjapur, P.S -
                  Rosera, District - Samastipur, Bihar.
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Kumar Mishra
                 For the Opposite Party/s :       Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   18-04-2026                   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 section 334(2), 303(2)

                   of B.N.S and added Sections 310(2) and 317(3) of BNS.

                                3. The case of the prosecution is that unknown

                   miscreants have entered the shop of the informant and have

                   committed theft of 40-50 grams of gold jewellery and 4.5 kg of

                   silver jewellery.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants and during course of investigation,

                   one Govind Kumar Rai was apprehended and he has given his
            Patna High Court CR. MISC. No.24785 of 2026(2) dt.18-04-2026
                                                        2/2




                      confessional statement and in his confessional statement, he has

                      named the petitioners. Nothing has been recovered from the

                      possession of this petitioners. Learned counsel for the petitioners

                      has further submitted that save and except the confessional

                      statement of co-accused Govind Kumar Rai, there is nothing

                      against this petitioners. The recovery, if any, has been made from

                      the possession of co-accusaed Shiv Chandra Sahani. Moreover,

                      the petitioners are languishing in judicial custody since

                      29.11.2025.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Bibhutipur P.S. Case No. 474 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Sub Divisional Judicial

                      Magistrate, Rosera, Samastipur.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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