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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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