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Patna High Court

Bikki Kumar @ Bittu @ Vickey KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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