Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release on a bond of Rs 10,000 with two sureties, subject to statutory conditions.
Summary
Vikash Kumar was arrested in connection with a theft of a Scorpio vehicle and has been in custody since 25‑06‑2025, although his name does not appear in the FIR. The prosecution’s case is based mainly on a confessional statement of a co‑accused, Amit Kumar, and there is no evidence that Vikash knew the vehicle was stolen. The vehicle was recovered from a public place and the investigation has been completed with a charge‑sheet already filed. The petitioner argued that he had no knowledge of the stolen nature of the car and that his continued detention was unwarranted, while the State opposed bail. The High Court, noting the lack of incriminating material, the completed investigation, and the long period of custody, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S.
Issues considered
- Whether bail should be granted to the accused under Section 309(6) of the Bhartiya Nyay Sanhita given the circumstances of the case.
Legislation cited
- Bhartiya Nyay Sanhita — s. 309(6), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- theft
- vehicle looting
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- confessional statement
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90728 of 2025
Arising Out of PS. Case No.-379 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Vikash Kumar Son of Bineshar Paswan Resident of Village- Bajitpur, P.S.-
Nagarnausa, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Mr.Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The accused/petitioner seeks bail in connection
with Gaurichak P.S. Case No. 379 of 2025 registered for the
offences under Sections 309(6) of the Bhartiya Nyay Sanhita.
3. The accused/petitioner is not named in the First
Information Report and is in custody since 25.06.2025.
4. As per FIR, unknown miscreants alongwith named
co-accused persons looted the Scorpio vehicle of the
informant while he visited a site.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that name of this petitioner transpired
during course of investigation on the basis of confessional
statement of apprehended co-accused namely, Amit Kumar.
Patna High Court CR. MISC. No.90728 of 2025(2) dt.06-02-2026
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It is submitted that nothing surfaced during investigation
which may suggest that petitioner was under knowledge that
Scorpio vehicle is stolen property. It is pointed out that
admittedly as it was purchased against Rs. 50,000/- therefore
suspicion was drawn that the petitioner purchased the Scorpio
knowingly that same is stolen property. It is pointed out that
looted scorpio car was recovered from an open place easily
accessible by general public. While concluding argument, it is
submitted that petitioner found involved in one more criminal
case, where he is on bail and, moreover, investigation of this
case is already concluded, for which charge-sheet has been
submitted and as such, there is no chance of tampering with
the evidence.
6. Learned A.P.P. opposes the prayer for bail.
7. In view of aforesaid factual submission and by
taking note of the nature of accusation in totality, coupled
with the fact that investigation of this case is already
completed, where petitioner remains in custody since
25.06.2025, accordingly, above-named petitioner is directed
to be released on bail, furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.90728 of 2025(2) dt.06-02-2026
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(Rupees Ten Thousand only) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Patna City/concerned court, in connection
with Gaurichak P.S. Case No. 379 of 2025, subject to the
condition as laid down under Section 437(3) Cr.P.C/Section
480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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