Patna High Court
Vivek Kumar @ Vikky @ Vikky SoniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, and the petitioner was not granted bail.
Summary
Vivek Kumar Soni was charged under Sections 461 and 379 of the Indian Penal Code for allegedly cutting away an ATM and stealing it. He applied for bail for the second time after his earlier bail plea was rejected. The petitioner claimed innocence and highlighted that he has three prior criminal cases, all of which are on bail, and has been in custody since August 2024. The State opposed bail, emphasizing the seriousness of the alleged robbery and theft. The Court, noting the gravity of the offences, the commencement of trial, and the framing of charges, refused to grant bail and dismissed the application, also directing the Superintendent of Police to ensure police witnesses appear in court.
Issues considered
- What is the appropriate decision on the bail application in a case involving alleged robbery and theft under Sections 461 and 379 IPC, considering the seriousness of the offence and that the trial has commenced?
Legislation cited
- Indian Penal Code — s. 379, 461
Subjects
- bail
- robbery
- theft
- IPC
- criminal procedure
- trial
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54128 of 2025
Arising Out of PS. Case No.-473 Year-2023 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
Vivek Kumar @ Vikky @ Vikky Soni S/O Jagdish Singh @ Jagdish R/O
Village- Subash Nagar (Subash Nagar),1171, Mughalsarai(Mugalsarai), P.S.-
Kotwali, District- Chandauli (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parwej Khan, Adv
For the Opposite Party/s : Mr. Jharkhandi Upadhayay APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Kudra P.S.Case
No. 473 of 2023 registered for the offence punishable under
Sections 461 ans 379 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 22.01.2025 passed in Cr. Misc.
No.76315 of 2024, which reads as under:-
Heard the parties.
2. The petitioner seeks bail in
connection with Kudra P.S.Case No.473
of 2023 registered for the offence under
section 461 and 379 of the Indian Penal
Code.
Patna High Court CR. MISC. No.54128 of 2025(4) dt.10-02-2026
2/3
3. As per the prosecution case,
the petitioner is accused of taking away
the ATM by cutting it. Materials have
come during investigation to connect the
petitioner with the crime.
4. Learned counsel for the
petitioner submits that petitioner is
innocent and has not committed any
offence. Petitioner is in custody since
13.08.2024 and he has three criminal
antecedents and in all cases he is on bail.
5. Learned APP has vehemently
opposed the prayer for bail.
6. Considering the serious
nature of allegation levelled against the
petitioner, this Court is not inclined to
grant bail to the petitioner, this application
is dismissed.”
4. Learned counsel for the petitioner submits that
the charge has been framed.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
7. The Superintendent of Police, Kaimur at Bhabhua is
directed to ensure the appearance of the witnesses in the trial as
all the witnesses are police personnels so that the trial is not
delayed.
8. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.54128 of 2025(4) dt.10-02-2026
3/3
Superintendent of Police, Kaimur at Bhabhua forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
N.K/-
U T
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