Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Vinay Kumar was arrested in connection with a theft of Rs.1,20,000 and petrol theft under Section 379 IPC. He contended that the FIR was lodged against unknown miscreants and that only a confessional statement by another accused, Dhiraj Kumar, implicated him, with no material recovered from his possession. The State opposed bail, citing four prior criminal cases against the petitioner. The court noted the lack of substantive evidence, the petitioner’s prolonged custody since 08-09-2025, and the precedent of bail granted to a co‑accused in a similar case. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) CrPC and additional safeguards. The bail order was pronounced on 13‑01‑2026.
Issues considered
- Whether bail should be granted to the accused in a theft case under Section 379 IPC despite alleged criminal antecedents
- Whether the lack of material evidence and reliance on a confessional statement of another accused justifies bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 379
Subjects
- bail
- Theft
- Section 379 IPC
- Section 437 CrPC
- criminal antecedent
- sureties
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73220 of 2025
Arising Out of PS. Case No.-101 Year-2023 Thana- MEHSI District- East Champaran
======================================================
Vinay Kumar S/o- Suresh Rai @ Sudish Rai R/v- Pakadi Basarat Ps-
Sahebganj Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-01-2026 Heard Mr. Priyesh Kumar, learned counsel for the
petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Mehsi P.S. Case No. 101 of 2023 registered for the offence
punishable under Section 379 of the Indian Penal Code.
3. The case of the prosecution in short is that
unknown miscreants has committed theft of Rs. 1,20,000/- and
have also filled a gallon from the petrol pump.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the FIR
was lodged against unknown miscreants. He also submits that
during the course of investigation, one Dhiraj Kumar was
Patna High Court CR. MISC. No.73220 of 2025(3) dt.13-01-2026
2/3
apprehended, and Dhiraj Kumar has disclosed the name of this
petitioner. Nothing has been recovered from the possession of
this petitioner. Save and except the confessional statement, there
is nothing against the petitioner. It has further been submitted
that one co-accused namely, Munna Kumar, having a similar
nature of allegation, has been granted bail by the learned co-
ordinate Bench of this Court in Cr. Misc. No. 64245 of 2023. He
further submits that the petitioner is languishing in judicial
custody since 08.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran at Motihari in connection
with Mehsi P.S. Case No. 101 of 2023 subject to the following
conditions as well as the conditions laid down under Section
437(3) of the Cr.P.C.
Patna High Court CR. MISC. No.73220 of 2025(3) dt.13-01-2026
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(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bonds by the Trial Court itself.
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidence,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds; and
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands
allowed.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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