Patna High Court
Bikki Kumar @ Bittu @ Vickey KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bikki Kumar, was arrested on 11 September 2025 in connection with a case registered under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023, allegedly found with a master key and a mobile phone. He contended that he was falsely implicated, that the FIR mistakenly named his brother Bittu, and that he has a clean criminal record. The State opposed his bail application. The Court, noting the petitioner’s clean antecedent and the possibility of mistaken identity, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, presence in court, and non‑tampering with evidence or witnesses. The bail order also directed verification of the petitioner’s antecedent but prohibited delay in accepting the bond. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner’s claim of false implication and mistaken identity warrants bail.
- Whether the petitioner’s clean criminal antecedent is sufficient ground for bail despite the seriousness of the offences.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303(2), 317(2)
Subjects
- bail
- false implication
- criminal antecedent
- Sections 303(2) and 317(2)
- Bihar Narcotic Substances Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3091 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- NAYAGAON District- Begusarai
======================================================
Bikki Kumar @ Bittu @ Vickey Kumar Son of Praveen Rai @ Pravin Ray
Resident of Village- Sikandarpur Rajaura, Ward no. 6, P.S- Muffasil, Dist-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr.Ashok Kumar, learned counsel for the
petitioner and Mr.Shailendra Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
11.09.2025 in connection with G.R.No.4079 of 2025 arising out
of Nayagaon P.S. Case No. 73 of 2025, F.I.R. dated 11.09.2025
registered for the offence punishable under Sections
303(2),317(2) of BNS, 2023.
3. Allegation against the petitioner is that he
apprehended at the spot of occurrence with the master key and a
mobile phone in his possession.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.3091 of 2026(2) dt.20-01-2026
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submits that the petitioner has falsely been implicated in the
present case merely on the basis of suspicion and it appears
from the FIR that the petitioner has not committed any offence
as alleged in the FIR and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 11.09.2025. Learned counsel for the petitioner
submits that although the petitioner has clean antecedent but in
the FIR name of the petitioner has been recorded as Bikki
Kumar @ Bittu but Bittu is brother of the petitioner and he
carries two cases and petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, 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 J.M.-1st Class, Begusarai in connection with Nayagaon
P.S. Case No. 73 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
Patna High Court CR. MISC. No.3091 of 2026(2) dt.20-01-2026
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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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