Patna High Court

VIKRAM KUMARversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioners, directing them to furnish bail bonds of Rs 10,000 each with two sureties.

Summary

The petitioners, three residents of Shyampur Bhoja, were arrested in connection with a case registered under Section 303(2) of the Bihar Narcotic Substances Act for the alleged theft of a battery used in a transmission tower near Jai Prakash Singh’s house. They contended that they were falsely implicated, were not named in the FIR, and no incriminating material was recovered from them, yet they had been in custody since 3 April 2025. The State opposed their bail application, arguing the seriousness of the offence. The Court examined the lack of direct evidence, the prolonged pre‑trial detention, and the petitioners’ willingness to cooperate with the trial. Considering these factors, the Court ordered that bail be granted upon furnishing a bond of Rs 10,000 each with two sureties of equal amount. The petitioners were directed to remain available for the trial and comply with any further conditions imposed by the Judicial Magistrate.

Issues considered

Whether the petitioners, who are not named in the FIR and from whom no material has been recovered, are entitled to regular bail under Section 303(2) of the Bihar Narcotic Substances Act.

Legislation cited

Bihar Narcotic Substances Act — s. 303(2)

Subjects

bail
regular bail
Section 303(2)
Bihar Narcotic Substances Act
pre‑trial detention
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45463 of 2025
                   Arising Out of PS. Case No.-48 Year-2025 Thana- Jagdishpur District- West Champaran
                 ======================================================
           1.     VIKRAM KUMAR S/O CHANDESHWAR RAM R/o Village - Shyampur
                  Bhoja, Panchayat - Panapur haveli, Police station - kanti, District -
                  muzaffarpur
           2.    Golu Kumar S/o Raushan Sahani @ Raushan Saahani R/o Village -
                 Shyampur Bhoja, Panchayat - Panapur haveli, Police station - kanti, District
                 - muzaffarpur
           3.     Gaurav Kumar S/o Surendra Sahani R/o Village - Shyampur Bhoja,
                  Panchayat - Panapur haveli, Police station - kanti, District - muzaffarpur
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sarvesh Kashyap
                 For the Opposite Party/s :        Mr.Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   07-01-2026                    Heard the learned counsel for the petitioners as well

                   as the learned Additional Public Prosecutor for the State.

                                2. The petitioners are seeking regular bail in

                   connection with Jagdishpur P.S. Case No. 48 of 2025, registered

                   for the offences punishable under Sections 303(2) of the BNS.

                                3. As per the prosecution case, some unknown

                   miscreants are alleged to have stolen the battery used for the

                   transmission of tower which was located near the house of one

                   Jai Prakash Singh.

                                4.     The learned counsel for the petitioners has

                   submitted that the petitioners are innocent and have falsely been
           Patna High Court CR. MISC. No.45463 of 2025(4) dt.07-01-2026
                                                       2/2




                     implicated in this case. There is general and omnibus allegation

                     against the petitioners. The petitioners are not named in the

                     F.I.R. Nothing has been recovered from the conscious

                     possession of the petitioners. The petitioners are under custody

                     since 03.04.2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. Considering the above-mentioned facts and

                     circumstances especially the period of incarceration, let the

                     petitioners above-named, are directed to furnish bail bond and

                     on doing so, the court below shall release the petitioners on bail

                     on furnishing bail bonds of Rs.10,000/- each with two sureties

                     of the like amount each to the satisfaction of learned Judicial

                     Magistrate-Ist Class, Bettiah, West Champaran in connection

                     with Jagdishpur P.S. Case No. 48 of 2025, subject to the

                     following conditions that the petitioners shall cooperate in

                     the disposal of trial and make themselves available as and

                     when required by the court.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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