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Patna High Court

Vikram Kumar @ Vishwkarm KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.30933 of 2026(2) dt.06-05-2026
                                            2/3




          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
          Patna High Court CR. MISC. No.30933 of 2026(2) dt.06-05-2026
                                                      3/3




                    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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