Patna High Court
VIKASH NONIYA @ VIKASH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on a bond of Rs 10,000 with two sureties.
Summary
Vikash Noniya was arrested in connection with a case of stolen motorcycles registered under sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied mainly on a statement made by a co‑accused that the petitioner supplied the stolen motorcycles for dismantling and sale. No incriminating articles were recovered from the petitioner’s possession and the only material against him was the co‑accused’s statement. The petitioner filed an application for regular bail, contending that he had been falsely implicated and that the evidence was insufficient. After hearing both sides, the Court held that the lack of material evidence and the fact that the petitioner had been in custody since 18‑11‑2025 warranted bail, and ordered his release on a bond of Rs 10,000 with two sureties.
Issues considered
- What is the appropriate bail decision under sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 when the only evidence is a co‑accused’s statement and no incriminating article is recovered?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- section 317
- co‑accused statement
- stolen property
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7922 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Vikash Noniya @ Vikash Kumar S/o- Ishwari Noniya R/v- Hemja Devpal PS-
Sirdala Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sweta Burnwal, Advocate
Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sirdalla P.S. Case no.
336 of 2025 registered under sections 317(4) and 317(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on a raid being
conducted in the premises on one Shankar Chaudhary, it is
submitted that various parts of two stolen motorcycles were
recovered. It is further stated that on enquiry he disclosed that it
is the petitioner who brings the stolen motorcycles to him and
they both sell it after dismantling the same.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
Patna High Court CR. MISC. No.7922 of 2026(2) dt.17-02-2026
2/2
antecedents. The only material against him is the statement of a co-
accused made before police. No incriminating article has been
recovered from his possession. He is in custody since 18.11.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the name of
the petitioner transpiring in the statement of a co-accused made
before police, no incriminating article having been recovered
from the petitioner’s possession and his being in custody since
18.11.2025, the Court directs the petitioner to be enlarged on bail in
connection with Sirdalla P.S. Case no. 336 of 2025 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Nawada.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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