Patna High Court
Vikram Kumar Sah @ BuntyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Vikram Kumar Sah was arrested in connection with a theft alleged to have occurred at his factory and has been in custody since September 18, 2025. He filed an application for regular bail under section 305(a) of the Bharatiya Nyaya Sanhita, 2023, claiming he was falsely implicated and that no incriminating material was recovered from him. The prosecution opposed the bail, relying on the petitioner’s name appearing in a co‑accused’s confessional statement. After hearing both sides and noting that the petitioner had been detained for five months and that a chargesheet had already been filed, the court found no compelling reason to keep him in custody. The court therefore ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Bhagalpur.
Issues considered
- Whether regular bail should be granted to the petitioner under section 305(a) of the Bharatiya Nyaya Sanhita, 2023, given the existence of a chargesheet and a confessional statement implicating him.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a)
Subjects
- regular bail
- theft
- section 305(a)
- Bharatiya Nyaya Sanhita
- confessional statement
- chargesheet
- High Court of Patna
- industrial case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87866 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Vikram Kumar Sah @ Bunty S/o Gopal Prasad Sah Resident of Laheri Tola,
Sabour, P.S.- Sabour, P.O.- Sabour, Dist- Bhagalpur, Pin- 813210
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhas Chandra, Advocate
Mr. Kumar Satya Kirti, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Industrial P.S. Case no.
134 of 2025 registered under section 305(a) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that on reaching the workshop of his factory in the morning, it
transpired that theft had taken place and various articles as
mentioned in the FIR had been stolen. As such an FIR was
registered against unknown accused persons.
4. It is submitted by learned counsel for the petitioner
that the petitioner was falsely implicated in the case in course of
investigation. It is submitted that no material has transpired against
Patna High Court CR. MISC. No.87866 of 2025(3) dt.20-02-2026
2/2
the petitioner to connect him with the alleged crime nor any
incriminating article has been recovered from his possession. The
petitioner is in custody since 18.9.2025 and chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State who submits that the name of the petitioner has
transpired in the confessional statement of co-accused made
before police.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the petitioner
being in custody for five months since 18.9.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Industrial P.S.
Case no. 134 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 Additional Chief Judicial Magistrate-I,
Bhagalpur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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