Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Vikash Kumar was arrested on 17 July 2025 in connection with FIR dated 3 April 2025 for offences under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that four armed miscreants had seized the informant's motorcycle and mobile, and that the looted articles were later recovered from a co‑accused’s house based on the petitioner’s own confessional statement recorded in a separate case. The petitioner contended that he was never named in the FIR, was falsely implicated, and that no third‑information‑report (TIP) had been filed against him. The State opposed bail, highlighting the petitioner’s self‑confession, recovery of stolen items, and three prior criminal antecedents, though he was already on bail in two other matters. The court, after weighing the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering of evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the Bihar Narcotic Substances Act, 2023 in view of a self‑confessional statement and prior criminal antecedents.
- Whether the absence of a third‑information‑report (TIP) affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- self‑confessional statement
- prior criminal antecedents
- Section 309(4) BNS
- evidence tampering
- third information report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85534 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- TARAIYA District- Saran
======================================================
Vikash Kumar S/o- Bharat Chauhan Vill- Sahnawajpur, PO- Dubauli P.S-
Panapur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Jeetendra Narayan, learned counsel for
the petitioner and Mr. Pranav Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.07.2025 in connection with Taraiya P.S. Case No. 88 of
2025, F.I.R. dated 03.04.2025 for the offences punishable under
Section 309(4) of the BNS, 2023.
3. According to prosecution case, while the informant
was going to his home then four miscreants armed with
weapons intercepted him and seized his motorcycle and mobile
phone and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
Patna High Court CR. MISC. No.85534 of 2025(3) dt.25-03-2026
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name has been transpired during investigation on the basis of
the self confessional statement of the petitioner which was
recorded in Taraiya P.S. Case No. 89 of 2025. Thereafter, the
looted article was recovered from the house of the co-accused
person but till date no TIP has been conducted by the
prosecution. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 17.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that on the basis of the self confessional statement of
the petitioner the looted article was recovered from the
possession of the co-accused person. Apart from that the
petitioner carries three criminal antecedents other than the
present one but fairly submits that he is on bail in two cases and
one case is pending for consideration.
6. Considering the aforesaid facts and circumstances,
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 Additional
Chief Judicial Magistrate-XIII, Saran at Chapra in connection
with Taraiya P.S. Case No. 88 of 2025, subject to the following
Patna High Court CR. MISC. No.85534 of 2025(3) dt.25-03-2026
3/3
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 his absence on two consecutive dates without sufficient
reason, his 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
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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