Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Vikram Kumar was arrested in connection with offences under sections 303(2), 318(4), 317(4), 317(5) and 3(5) of the B.N.S., alleged to have been found on a stolen bike that he intended to sell. The prosecution argued that he could not produce documents for the bike and admitted the bike was stolen. The petitioner contended that the bike belonged to a relative, no material was recovered from him, and the police failed to follow Section 105 of the B.N.S. while seizing the bike. He had been in judicial custody since 10 October 2025, and the State opposed bail citing a prior criminal antecedent. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties, directing his release.
Issues considered
- Whether regular bail should be granted to the petitioner despite the alleged theft of a bike and multiple charges under the B.N.S.
- Whether procedural lapses in seizure under Section 105 of the B.N.S. affect the bail decision
Legislation cited
- B.N.S. — s. 105, 303(2), 317(4), 317(5), 318(4), 3(5)
Subjects
- regular bail
- criminal procedure
- seizure
- Section 105
- theft
- bike
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8480 of 2026
Arising Out of PS. Case No.-686 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Vikram Kumar S/O Achchhelal Shah R/O Vill.- Ward No 1, Jadopur, P.s-
Harsiddhi, District - East Champaran,Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 303(2),
318(4), 317(4), 317(5), 3(5) of B.N.S.
3. The case of the prosecution is that the petitioner
and one other were found on a bike and on being asked, they
could not produce any document regarding the said bike. It is
further alleged that the petitioner himself has disclosed that the
bike is stolen one and they were going to sell it out.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the said bike
belongs to his relative and that the statement regarding stealing
Patna High Court CR. MISC. No.8480 of 2026(2) dt.17-02-2026
2/2
of the bike is concerned, the same is based on the statement of
the petitioner himself. Save and except that, there is nothing
against him. Nothing has been recovered from the possession of
this petitioner. The seizure list witnesses are police personnel
and police has not followed Section 105 of BNSS while
preparing the seizure. Moreover, the petitioner is languishing in
judicial custody since 10.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
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 released on bail in connection with
Harsidhi P.S. Case No. 686 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Motihari, East
Champaran.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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