Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Vikash Kumar, applied for bail in a case registered as Rosera P.S. Case No. 298 of 2025, alleging offences under Sections 137(2), 103, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleges that the petitioner’s mobile phone was used by a contractor, Sanjay, to contact the brother of an informant, whose subsequent disappearance led to the filing of the case. The petitioner contends that he is innocent, that his phone and SIM cards were sold to the contractor, and that there is no direct evidence linking him to the alleged crime, noting the absence of eyewitnesses and his clean criminal record. The State opposed bail, arguing the seriousness of the offences. After considering the submissions and the lack of incriminating material beyond the phone usage, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary material presented.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103, 137(2), 238, 3(5)

Subjects

bail
criminal procedure
Bhartiya Nyaya Sanhita
false implication
mobile phone evidence
section 137(2)
section 103
section 238
section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5205 of 2026
                      Arising Out of PS. Case No.-298 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Vikash Kumar, Son of Rameshwar Rai @ Parmeshwar Rai, Resident of
                 village - Rahmatpur, Ward no. 2, P.S.- Muffasil, Dist- Samastipur
                                                                             ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Rosra

                   P.S. Case No. 298 of 2025 dated 08.09.2025 instituted for the

                   offence punishable under Sections 137(2), 103, 238, 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the brother of the

                   informant, namely, Shyam Bihari went to the house of the

                   Contractor, namely, Sanjay at Samastipur to meet him. It is

                   further submitted that on next day, the informant and his family

                   tried to contact his brother on his mobile phone but it was found

                   switched off. After searching a lot, whereabouts of his brother

                   was not found.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5205 of 2026(3) dt.25-02-2026
                                            2/3




          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that the

          mobile of the petitioner was used by Sanjay (Contractor) to call

          the brother of the informant and only on that basis, the petitioner

          has been made accused in this case. The petitioner has sold the

          mobile phone with SIM cards to said Sanjay Contractor. Except

          this, there is no material against the petitioner. There is no eye-

          witness to the occurrence. In the entire case diary, nothing

          incriminating material has come against the petitioner except

          that his mobile phone and SIM Cards was used. The petitioner

          was working in the sweet shop of Chaman Sah at Dalsighsarai

          and he has no concern with the alleged crime. Lastly, it has

          been submitted that the petitioner is in custody since 16.09.2025

          having no criminal antecedents. Charge-sheet has been

          submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned A.C.J.M., 1st , Rosera,
           Patna High Court CR. MISC. No.5205 of 2026(3) dt.25-02-2026
                                                       3/3




                     Samastipur in connection with Rosera P.S. Case No. 298 of

                     2025.


                                                                         (Khatim Reza, J)

premchand/-

U      T

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