Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
Vivek Kumar was arrested for allegedly looting Rs.7,98,000 from a finance company branch and charged under Section 310(2) of the B.N.S. He sought regular bail, having previously been denied bail on 19‑02‑2025. The petitioner claimed innocence, arguing that his name appeared only in the co‑accused’s self‑inculpatory statement and that he had been in custody since 19‑Oct‑2024. The State opposed the bail application, emphasizing the seriousness of the offence. The Patna High Court examined the facts, the gravity of the charge, and the lack of sufficient grounds to overturn its earlier order, and found no reason to grant bail. Accordingly, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 310(2) of the B.N.S. in view of the nature of the offence and the evidence.
Legislation cited
- B.N.S. — s. 310(2)
Subjects
- regular bail
- Section 310(2)
- B.N.S.
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72132 of 2025
Arising Out of PS. Case No.-378 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
Vivek Kumar S/o- Amar Prasad Soni @ Amar Prasad Resident of village-
Ram Nagar Ward No- 02 PS-Ram Nagar Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. Ii, Advocate
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection S.Tr. No. 501/2025 arising
out of Harsiddhi P.S. Case No. 378 of 2024 registered for the
offence under Section 310(2) of the B.N.S. Earlier the bail
application of the petitioner was rejected vide order dated
19.02.2025 passed in Cr. Misc. No. 9505 of 2025 which reads as
under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Harsidhi P.S. Case No. 378 of 2024 registered for
the offence punishable under Sections 310(2) of the
BNS.
3. As per the prosecution case, unknown
criminals looted Rs. 7,98,000/- from the branch of
finance company on gun point.
4. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.72132 of 2025(3) dt.11-02-2026
2/2
that the petitioner is innocent and has committed no
offence. The name of the petitioner has surfaced in the
self-inculpatory statement of the co-accused from whom
the recovery has been made. The petitioner is in jail
since 19.10.2024.
5. Learned APP appearing for the State
opposes the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and
circumstances of the case and submissions of learned
counsel for the parties, I am not inclined to grant bail
to the petitioner.
7. Accordingly, the present bail application
stands dismissed.
3. It has been submitted by the learned counsel for the
petitioner that the court below has reported that it will fix a date
twice a week for taking the evidence.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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