Patna High Court
Vicky Mochi @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to stringent conditions.
Summary
Vicky Mochi and Vikas Mochi, accused in a 2015 case involving offences under Sections 147, 149, 341, 447, 323, 307, 354, 504 and 506 of the IPC, applied for bail after surrendering on 3 February 2026. They had previously been granted bail, but the bonds were cancelled on three occasions (June 2022, September 2024, and July 2025) for failure to comply with court orders. The State opposed the bail, citing their repeated non‑compliance. The Court noted the petitioners' clean antecedent and, despite the past defaults, ordered bail on a bond of Rs.10,000 each with two sureties, subject to strict conditions of physical presence, non‑tampering with evidence, and verification of criminal antecedent. The bail was granted with a warning that any breach would lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioners despite prior cancellations of bail bonds for non‑compliance
- Whether the petitioners' clean antecedent outweighs the risk of further non‑cooperation with the trial
Legislation cited
- Indian Penal Code — s. 147, 149, 307, 323, 341, 354, 447, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- non‑compliance
- court conditions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29698 of 2026
Arising Out of PS. Case No.-61 Year-2015 Thana- NAYAGAON District- Begusarai
======================================================
1. Vicky Mochi @ Vicky Kumar S/O Munilal Mochi R/O Village- Hanaspur,
P.S- Nayagaon, Dist.- Begusarai.
2. Vikas Mochi @ Vikash Kumar S/O Munilal Mochi R/O Village- Hanaspur,
P.S- Nayagaon, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr.Aditya Kumar, learned counsel for the
petitioners and Mr.Syed Mojibur Rahman, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
03.02.2026 in connection with Nayagaon P.S. Case No. 61 of
2015, F.I.R. dated 30.10.2015 registered for the offence
punishable under Sections 147, 149, 341, 447, 323, 307, 354,
504 & 506 of IPC.
3. The petitioners have clean antecedent. Earlier the
petitioners have been granted bail but their bail bond were
cancelled on 08.06.2022 but the petitioners did not comply the
order of this Court, then again the bail bond of the petitioners
Patna High Court CR. MISC. No.29698 of 2026(2) dt.04-05-2026
2/3
were cancelled on 21.09.2024 but the petitioners have been
granted bail by this Court vide order dated 24.03.2025 and
08.04.2025 with condition to appear physically till disposal of
the case but the petitioners did not comply the order of this
Court and their bail bond were cancelled on 31.07.2025.
Learned counsel for the petitioners further submit that the
petitioners came to know about the aforesaid then they have
surrendered on 03.02.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid fact and petitioners have
clean antecedent, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand)each with two sureties of the like amount each to the
satisfaction of learned Dist. & Addl. Sessions Judge VII,
Begusarai in connection with Nayagaon P.S. Case No. 61 of
2015, with the following conditions:-
(I) Petitioners 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 theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.29698 of 2026(2) dt.04-05-2026
3/3
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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
Checking your session…