Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail as the charge‑sheet is filed, there is no likelihood of evidence tampering, and the prosecution’s case lacks direct evidence linking him to the offence.
Summary
The petitioner, Vikash Kumar, applied for regular bail in a case registered under Section 126(6) of the B.N.S., 2023, alleging assault and robbery. The prosecution’s case relied solely on a confessional statement of a co-accused, with no direct evidence linking the petitioner to the offence, and no T.I.P. had been conducted. The petitioner had been in custody since 10 June 2025, but the charge‑sheet had already been filed and there was no likelihood of tampering with evidence. The State opposed bail, arguing that the petitioner’s name emerged during investigation. Considering the lack of substantive evidence, the filing of the charge‑sheet, and the petitioner’s cooperation, the court granted bail subject to monetary surety and conditions regarding trial attendance and non‑tampering.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 126(6) of the B.N.S., 2023 given the circumstances of the case.
- Whether a confessional statement of a co‑accused is sufficient to deny bail in the absence of other corroborative evidence.
- Whether the period of custody and the fact that a T.I.P. has not been conducted affect the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 126(6)
Subjects
- regular bail
- Section 126(6) B.N.S. 2023
- confessional statement
- evidence tampering
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89270 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Vikash Kumar S/o Baunand Prasad @ Babu Lal Prasad R/o Village-
Garikhana, P.S- Khagaul, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection
with Khagaul P.S. Case No. 126 of 2025 registered for the
offences punishable under Sections 126(6) of B.N.S., 2023.
3. As per prosecution-case, two unknown
miscreants assaulted with knife and snatched Rs. 17,000/-from
the informant.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offense as
alleged in the F.I.R. The petitioner is not named in the F.I.R. and
his name transpired in the present case on the basis of
confessional statement of co-accused Vicky Kumar who is
having inimical term with the petitioner. Except disclosure of
Patna High Court CR. MISC. No.89270 of 2025(2) dt.13-01-2026
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the co-accused, there is nothing on record to connect the
petitioner with the alleged occurrence. No T.I.P. has been
conducted up till now and petitioner is in custody since
10.06.2025. Charge-sheet has already been submitted and there
is no likelihood of tampering with the prosecution evidence.
Petitioner is having criminal antecedent of two cases in which
he is on bail.
5. Learned A.P.P. vehemently opposes the prayer of
bail and submitted that the name of the petitioner has transpired
during the course of investigation and he cannot escape from the
allegation made in the F.I.R. Hence, petitioner does not deserve
bail.
6. Considering the facts and circumstances of the
case, period of custody, charge-sheet has already been
submitted, there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available on
record, let the petitioner above named be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate, Danapur in
connection with Khagaul P.S. Case No. 126 of 2025, subject to
Patna High Court CR. MISC. No.89270 of 2025(2) dt.13-01-2026
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following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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