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Patna High Court

Vidhayak Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond and conditions, finding that the lack of TIP and the circumstances justified release.

Summary

Vidhayak Kumar Das was arrested on 13 July 2025 in connection with a case registered under Sections 310(2), 311 of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed he was not named in the FIR and was falsely implicated, asserting that his identification was based solely on CCTV footage and a later self‑confessional statement, and that no Turn‑over in Police (TIP) investigation had been conducted. The State opposed bail, noting the petitioner’s involvement in another pending case, though he was already on bail in that matter. The Court examined the lack of TIP, the reliance on CCTV and confession, and considered the petitioner’s custody since July 2025, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and specific conditions. The bail order includes conditions for cooperation in trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite a self‑confessional statement and identification through CCTV footage.
  • Whether the absence of a TIP investigation warrants bail.
  • Whether the petitioner’s pending case and alleged criminal antecedents affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confession
  • CCTV evidence
  • Arms Act
  • Negotiable Instruments Act
  • turnover in police

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5399 of 2026
                    Arising Out of PS. Case No.-153 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Vidhayak Kumar Das son of Nand Lal Das Village- Pahsaul Rajghat P.S-.
                 Jajuar Dist -Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Kumar Praveen, Advocate
                 For the State           :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-01-2026                     Heard Mr. Kumar Praveen, learned counsel for the

                   petitioner and Mr. Jharkhandi Upadhyay, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   13.07.2025, in connection with Singhwara P.S. Case No. 153 of

                   2025, F.I.R. dated 13.06.2025                registered for the offences

                   punishable under Sections 310(2), 311 of the B.N.S. and Section

                   27 of the Arms Act.

                                 3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the petitioner is not named

                   in the F.I.R. and the name of the petitioner has been transpired
Patna High Court CR. MISC. No.5399 of 2026(2) dt.29-01-2026
                                            2/3




          on the basis of CCTV footage and thereafter the petitioner has

          confessed his guilt in the present occurrence. He further submits

          that till date no TIP was conducted by the prosecution and the

          police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 13.07.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries one more case

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that the name of the petitioner has been transpired

          on the basis of CCTV footage and self confessional statement of

          the petitioner and till date no TIP was conducted by the

          prosecution, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned A.C.J.M.-VII, Darbhanga in connection with Singhwara

          P.S. Case No. 153 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.5399 of 2026(2) dt.29-01-2026
                                                           3/3




                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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