Patna High Court
Vikas Kumar @ SheraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding insufficient grounds to continue his detention.
Summary
The petitioner, Vikas Kumar, was arrested in connection with a case involving stolen motorcycles and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed he was falsely implicated, stating that he was not apprehended at the scene and that the co-accused’s statements led to his inclusion, with no material recovered from his possession. The petitioner also highlighted his custody since 27 September 2025 and a prior criminal antecedent. The State opposed bail, emphasizing the seriousness of the offences. Considering the lack of direct evidence, the manner of implication, and the duration of custody, the Court granted bail on condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 317, 111, and 114 of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of his arrest.
- Whether the petitioner was falsely implicated and if the lack of material possession and non‑compliance with Section 103 of the BNSS, 2023 warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 111(2), 111(3), 114(4), 317(2), 317(4)
Subjects
- bail
- false implication
- stolen property
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88050 of 2025
Arising Out of PS. Case No.-343 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Vikas Kumar @ Shera S/O Manikchand Malakar @ Manikchand Mali @
Manika Mali R/O Vill.- Taraun, P.S.- Kawakol, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
========================= =============================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pakribarawan P.S. Case No. 343 of 2025 instituted for the offence
under Sections 317(2), 317(4), 111(2), 111(3) & 114(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that during
patrolling, police intercepted two motorcycles and Rohit Kumar @
Ishu was apprehended while three others fled away. On
interrogation, the seized bikes were found to be stolen.
4. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 27.09.2025. Petitioner bears one
criminal antecedent, as per disclosure made in paragraph No. 3 of
the bail application.
Patna High Court CR. MISC. No.88050 of 2025(2) dt.13-01-2026
2/2
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Referring to the FIR, it is pertinently submitted that
petitioner was not apprehended on the spot, rather he was
implicated in this case on the disclosure made by the apprehended
co-accused. Nothing has been recovered from the conscious
possession of the petitioner. There is no compliance of Section 103
of the BNSS, 2023.
6. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of
the case, period of custody of the petitioner and manner of
petitioner’s implication, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court below/concerned
Court in connection with Pakribarawan P.S. Case No. 343 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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