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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Vikash Kumar was arrested on 3 December 2025 in connection with a loot case (P.S. Case No. 245 of 2025) and charged under Sections 331(4), 305(1), 317(2), 317(4) and 317(5) of the Bharatiya Nyay Sanhita, 2023. The FIR named the offence against an unknown person and the petitioner’s name was added later during investigation; the seizure list lacked his or his family’s signatures, allegedly breaching Sections 103 and 105 of the same Act. The petitioner argued that he has a clean antecedent and that a similarly situated co‑accused, Binod Kumar, had already been granted bail. The prosecution opposed bail. The Court, noting the non‑compliance with procedural provisions, the petitioner’s clean record and the precedent of bail to the co‑accused, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged procedural lapses in the seizure process under Sections 103 and 105 of the Bharatiya Nyay Sanhita
  • Whether the petitioner’s clean antecedent and the grant of bail to a similarly situated co‑accused justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • procedural compliance
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • loot case
  • seizure list

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5662 of 2026
                 Arising Out of PS. Case No.-245 Year-2025 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Vikash Kumar S/O Krishna Mahto Resident of Vill- Nuniya Toli, Ward No-
                 06, P.S.- Kalibagh, Dist- West Champaran.               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :      Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   03-04-2026                      Heard Mr. Sanjeev Kumar, learned counsel for the

                   petitioner as well as Mr. Tapeshwar Sharma, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.12.2025 in connection with Chanpatiya P.S. Case No. 245 of

                   2025, F.I.R. dated 18.11.2025 for the offences punishable under

                   Sections 331(4) and 305(1) of the Bharatiya Nyay Sanhita, 2023

                   and Section 317(2), 317(4), 317(5) of the                   Bharatiya Nyay

                   Sanhita, 2023.

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

                   unknown.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation levelled against

                   the petitioner is false and fabricated. Initially the petitioner was
Patna High Court CR. MISC. No.5662 of 2026(4) dt.03-04-2026
                                            2/3




          not named in the FIR and his name transpired during

          investigation and thereafter the petitioner was apprehended and

          from his house Rs.14,639/- in cash and 10 silver coins was

          recovered. He next submits that the seizure list does not bear the

          signature of either petitioner or any of his family members and

          therefore there is non-compliance of Section 103 and 105 of

          BNSS and similarly situated co-accused person, namely, Binod

          Kumar @ Binod Mahto @ Vinod Kumar has been granted the

          privilege of bail by this Court vide order dated 31.03.2026 in Cr.

          Misc. No. 19502 of 2026. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 03.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and and he is not named in the

          FIR and similarly situated co-accused person has been granted

          the privilege of bail by this Court and there is non-compliance

          of Section 103 and 105 of BNSS, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Judicial Magistrate-1st
            Patna High Court CR. MISC. No.5662 of 2026(4) dt.03-04-2026
                                                        3/3




                      Class, Bettiah, West Champaran in connection with Chanpatiya

                      P.S. Case No. 245 of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      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.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. 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 antecedent, 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)
Suruchi/-

U      T


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