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Patna High Court

Vicky Kumar @ Santlal SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and conditions.

Summary

Vicky Kumar was arrested on 24‑12‑2025 in connection with a case of loot (Muffasil P.S. Case No. 595 of 2025) under Sections 309(6), 118(2) and 109 of the BNS. The petitioner was not named in the FIR; his name surfaced only through confessional statements of co‑accused persons, and no material was recovered from his possession. No third‑information‑report (TIP) had been filed and the chargesheet was filed after a prolonged custody. The State opposed bail, citing nine other pending cases, though the petitioner was already on bail in those matters. The Court held that the lack of a direct FIR mention, absence of TIP and lack of recovered material warranted bail, and ordered his release on a Rs 10,000 bond with two sureties and specific conditions regarding trial cooperation, non‑tampering of evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail can be granted when the accused is not named in the FIR and the only evidence against him is the confessional statements of co‑accused.
  • Whether the absence of a TIP and lack of material recovery from the accused’s possession justify bail.
  • Whether the petitioner’s other pending cases affect the bail decision.

Legislation cited

  • BNS — s. 109, 118(2), 309(6)

Subjects

  • bail
  • FIR
  • confessional statement
  • third information report
  • chargesheet
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27991 of 2026
                  Arising Out of PS. Case No.-595 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Vicky Kumar @ Santlal Sah Son of Lalbabu Sah Resident of Village-
                 Mathiya Dih, P.S.- Chhatauni, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :      Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                  Heard Mr.Prateek Tandon, learned counsel for the

                   petitioner and Mr.Yogendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   24.12.2025 in connection with Muffasil P.S. Case No. 595 of

                   2025, F.I.R. dated 15.09.2025 registered for the offence

                   punishable under Sections 309(6), 118(2),109 of BNS.

                                3. The FIR of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. The name of the petitioner

                   has been transpired during investigation on the basis of

                   confessional statement of co-accused persons, namely, Vivek
Patna High Court CR. MISC. No.27991 of 2026(2) dt.27-04-2026
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          Kumar and Deva Gupta and nothing has been recovered from

          conscious possession or the house of the petitioner rather the

          recovery has been made from possession of co-accused persons

          and till date no TIP has been conducted by the prosecution and

          the police, after, investigation submitted the chargesheet against

          the petitioner and the petitioner is in custody since 24.12.2025.

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

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries nine 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 facts, petitioner is not

          named in the FIR, the name of the petitioner has been transpired

          during investigation on the basis of confessional statement of

          co-accused persons and till date no TIP has been conducted by

          the prosecution, 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 C.J.M., East Champaran, Motihari in connection with

          Muffasil P.S. Case No. 595 of 2025,with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.27991 of 2026(2) dt.27-04-2026
                                                           3/3




                         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.

                                      (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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