Patna High Court
Vikram Kumar @ Vishwkarm KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Vikram Kumar, sought bail after being implicated in a theft case involving a stolen motorcycle, with the prosecution alleging offences under Sections 414, 420, 467, 468, 471 and 34 of the IPC. The police report stated that three boys were seen attempting to flee on the motorcycle, two were arrested and identified the petitioner as the source of the bike, based solely on the confessional statement of co‑accused Subhash Kumar. The petitioner contended that he was not present at the scene, had no possession of the vehicle, and that the accusation stemmed from personal enmity and village politics. The court examined the reliance on the co‑accused’s confession and found it insufficient to justify denial of bail, especially given the petitioner’s clean antecedent. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to verification of criminal antecedents and conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail despite allegations under multiple IPC sections.
- Whether the confession of a co‑accused alone suffices to deny bail.
- Whether the petitioner’s alleged non‑presence at the scene negates the prosecution’s case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 414, 420, 467, 468, 471
Subjects
- bail
- Criminal Procedure Code
- Indian Penal Code
- co‑accused confession
- motorcycle theft
- Section 482
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30933 of 2026
Arising Out of PS. Case No.-591 Year-2024 Thana- NAWADA District- Nawada
======================================================
Vikram Kumar @ Vishwkarm Kumar S/o Gorelal Manjhi R/o vill - Harsitpur,
P.s.- Roh, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sonam Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 06-05-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Nawada P.S. Case No. 591 of 2024, for
allegedly having committed offence under Sections 414, 420,
467, 468, 471 and 34 of the I.P.C.
3. As per the prosecution story, which has been
lodged on the basis of the written information given by the
informant to the effect that on 21.05.2025 at around 11:30 AM
while he was conducting search near the Parjatantra Chawk, he
saw three boys coming on an Apache Motorcycle. On seeing the
Police personnel, all the three boys tried to escape, however
motor-cycle did not start. Two persons were apprehended and
one managed to escape. No documents with regard to the
motorcycle bearing registration number BR01CB593 was
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produced. Upon verification, the motorcycle was found to be
stolen one. The arrested persons disclosed the name of Yash
Kumar Yadav, who fled away from the place of occurrence.
They further named the petitioner from whom, they had taken
the motorcycle for their personal use.
4. Learned counsel for the petitioner submit that the
petitioner is innocent and was not even present at the place of
the occurrence. The motorcycle was recovered from the co-
accused, who were apprehended at the place of occurrence and
even the person, who fled away, was not the petitioner. The co-
accused Subhash Kumar, who was apprehended at the place of
occurrence, used to study in the same coaching institute and he
is the co-villager of the petitioner. Due to enmity and village
politics, the name of the petitioner has been taken in the present
case. No recovery has been made from the possession of the
petitioner. The petitioner has got clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after
going through the record, it appears that the name of the
petitioner has been taken by the co-accused Subhash Kumar as
the person, from whom he had taken the motor-cycle, which is
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said to have been stolen one. The petitioner was not even
present at the place of the occurrence and only on the basis of
the confessional statement made by the co-accused Subhash
Kumar, the petitioner has been made an accused in the present
case. Considering the facts and circumstances of the case, let
the petitioner, above named, in the event of arrest or surrender
within a period of six weeks, 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 the learned Chief
Judicial Magistrate, Nawada in connection with Nawada P.S.
Case No. 591 of 2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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