Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
Vikas Kumar was arrested on 21 July 2023 in connection with a railway case alleging he looted a purse and caused the death of Soni Kumari, charged under Sections 304, 379, 356 and 34 of the Indian Penal Code. The petitioner sought bail, arguing a clean antecedent, that the FIR was fabricated, and that the trial was delayed with only eight of thirteen prosecution witnesses examined. The prosecution opposed bail. The court noted the prolonged custody, the pending trial, and the petitioner’s clean record, and consequently ordered bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order emphasized that verification should not delay release. The petition was disposed by granting bail.
Issues considered
- Whether bail should be granted to the accused in a case involving serious offences under the IPC given the delay in trial and the nature of the charges.
Legislation cited
- Indian Penal Code — s. 304, 34, 356, 379
Subjects
- bail
- Indian Penal Code
- Section 304
- Section 379
- Section 356
- Section 34
- trial delay
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78361 of 2025
Arising Out of PS. Case No.-243 Year-2023 Thana- MUZFFARPUR GRP CASE District-
Muzaffarpur
======================================================
Vikas Kumar S/o Jalim Mahto R/o Village- Ratanpura, P.S- Bhagwanpur,
Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Chandra Jha, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Prakash Chandra Jha, learned counsel for
the petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.07.2023 in connection with Rail P.S. Muzaffarpur No. 243 of
2023, (Session Trial No. 938/2023) F.I.R. dated 20.07.2023 for
the offences punishable under Sections 304, 379, 356/34 of the
Indian Penal Code.
3. According to prosecution case, accused-petitioner is
alleged to have looted the purse of one Soni Kumari, containing
Aadhar Card, Travelling Ticket and other articles and dashed her
from the train, as a result she died on the spot.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
Patna High Court CR. MISC. No.78361 of 2025(3) dt.22-01-2026
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the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. In fact the
petitioner is not named in the FIR and the name of the petitioner
has been transpired during investigation on the basis of the
location of the looted mobile. Thereafter, the petitioner was
apprehended and he has confessed his guilt in the present
occurrence and apart from that the looted mobile, other articles
were also recovered from the house of the petitioner. He further
submits that the petitioner is in custody since 21.07.2023 and
trial is not in progress.
5. A report was called with regard to stage of trial,
report dated 11.12.2025 of the learned trial court reveals that out
of 13 chargesheeted witnesses, only 8 witnesses have been
examined and the case is pending for examination of rest of the
prosecution witnesses.
6. Learned counsel for the petitioner submits that in
view of the report of the learned trial court, there is no chance of
early conclusion of the trial and the petitioner is in custody since
21.07.2023.
7. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.78361 of 2025(3) dt.22-01-2026
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and also the fact that the petitioner has clean antecedent and
report of trial court and also period of custody of the petitioner,
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 District
and Additional Session Judge-VIII, Muzaffarpur in connection
with Rail P.S. Muzaffarpur No. 243 of 2023, (Session Trial No.
938/2023), with 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 her absence on two consecutive dates without sufficient
reason, his/her 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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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