Patna High Court
Vicky Kumar @ Santlal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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