Patna High Court

Vikash Kumar Yadav @ Vikash Kumar @ VikkiversusThe State of Bihar

Decided: 19 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail in the present case.

Summary

Vikash Kumar Yadav was arrested in connection with a theft case under Section 311 of the B.N.S., 2023, alleged to have stolen a bike and mobile. The prosecution’s case relied on the recovery of a mobile from the petitioner’s possession and the identification of the petitioner by co‑accused. The petitioner contended that he was falsely implicated, that the seizure of the mobile violated Section 105 of the B.N.S., and that the seized device had no evidentiary value. He had been in judicial custody since 28‑04‑2025 and claimed a lack of substantive proof against him. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found the procedural lapses and the petitioner’s prolonged custody sufficient to grant bail, ordering a bond of Rs 10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail under the circumstances of the theft case under Section 311 of the B.N.S., 2023
Whether the seizure of the mobile complied with Section 105 of the B.N.S. and is admissible as evidence
Whether the petitioner’s prior criminal antecedent precludes the grant of bail

Legislation cited

B.N.S., 2023 — s. 105, 311

Subjects

bail
theft
Section 311
Section 105
procedural lapse
seizure
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76338 of 2025
                     Arising Out of PS. Case No.-164 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Vikash Kumar Yadav @ Vikash Kumar @ Vikki S/O Balvir Yadav R/O
                 village- Ithari, P.S.- Meharma District- Godda Jharkhand

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-01-2026                  Heard Mr. Diwakar Upadhyaya, learned counsel for

                   the petitioner and Mr. Dr. Ajeet Kumar, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with S.Tr. No. 796 of 2025 arising out of Pirpainty P.S. Case

                   No. 164 of 2025 registered for the offence punishable under

                   Section 311 of the B.N.S., 2023.

                                3. The case of the prosecution in short is that certain

                   miscreants have taken away the bike and mobile of the

                   informant and they have also looted another biker. The FIR was

                   lodged against the unknown miscreants.

                                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
Patna High Court CR. MISC. No.76338 of 2025(3) dt.19-01-2026
                                            2/3




          case. During the course of investigation, three persons were

          apprehended and they are identified as co-accused, namely,

          Abhishek Kumar, Ashish Kumar and Md. Sonu @ Ishtekar, and

          they have disclosed the name of this petitioner. As per the case

          of the prosecution, a mobile was recovered from the possession

          of this petitioner. Learned counsel for the petitioner also submits

          that from the perusal of the seizure list of this petitioner, it will

          transpire that there is overwriting in the mobile number of the

          deceased mobile. It has further been submitted that while

          making the seizure, the police have not complied with Section

          105 of the BNSS. The seizure of the witnesses are police

          personnel, which has no evidentiary value in the eyes of the law.

          Moreover, the petitioner is languishing in judicial custody since

          28.04.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of one case.

                       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
           Patna High Court CR. MISC. No.76338 of 2025(3) dt.19-01-2026
                                                       3/3




                     of the like amount each to the satisfaction of the learned District

                     & Additional Sessions Judge-XIII, Bhagalpur in connection

                     with S.T. No. 796 of 2025 arising out of Pripainty P.S. Case No.

                     164 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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