Patna High Court
Vidhayak Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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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