Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Vikash Kumar was arrested in connection with an alleged assault, robbery and ransom demand under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that he, along with co‑accused, looted cash, documents and jewellery from the informant’s grandson and demanded a ransom. The petitioner claimed innocence, stating that no incriminating material was found on him, the injuries were minor, and he was implicated by an antagonist; he also highlighted that a co‑accused had already been granted bail. The State opposed bail. Considering the lack of substantive evidence, the minor nature of injuries, the petitioner’s custody period, and the precedent of bail to a co‑accused, the Court inclined to grant bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offences and the circumstances of his arrest.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 127(2), 308(5), 3(5), 351(2), 352

Subjects

bail
criminal procedure
assault
robbery
ransom
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79843 of 2025
                   Arising Out of PS. Case No.-161 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Vikash Kumar son of Vijay Kumar @ Vijay Mahto Resident of Village
                 -Manopur PS -Bhagwanpur District -Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satish Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Bachhwara P.S. Case No. 161 of 2025, instituted for the

                   offences punishable under Sections 126(2), 115(2), 308(5),

                   127(2), 110, 351(2), 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons are alleged to have

                   assaulted the grandson of the informant and committed loot of

                   Rs, 20,000/-, bank passbook, PAN card, mobile and golden

                   chain from him. Thereafter, they demanded Rs. 2 lakh as

                   ransom from the informant.
Patna High Court CR. MISC. No.79843 of 2025(3) dt.11-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that name of the petitioner has been dragged in

          the instant case at the instance of some antagonist of the

          petitioner. It is next submitted that the injuries sustained by the

          injured are simple in nature which is on non-vital part of the

          body. The petitioner has been arrested only on the basis of

          suspicion and no specific allegation has been attributed against

          him. The petitioner is in custody since 31.08.2025 and has got

          two criminal antecedents. Learned counsel for the petitioner

          further submitted that other co-accused has been granted regular

          bail by a Co-ordinate Bench of this Court vide order dated

          17.11.2025 passed in Cr. Misc. No. 71520 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.
             Patna High Court CR. MISC. No.79843 of 2025(3) dt.11-02-2026
                                                         3/3




                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with               Bachhwara P.S.

                       Case No. 161 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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