Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the bail application, directing release on bail with conditions.
Summary
The petitioner, Vicky Kumar, sought bail fearing arrest in a complaint (No. 13236(C) of 2024) filed under Sections 115(2), 118(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita for allegedly taking Rs. 92,000 and a pen‑drive from a laboratory in February 2024. The complaint was lodged only in October 2024, creating an unexplained delay. The High Court considered the delay and the nature of the complaint, and applied its inherent powers under Section 482 of the BNSS together with the anticipatory bail provision of Section 438(2) of the CrPC. The Court held that the delay justified granting bail and ordered release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2). The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail in view of the delay in filing the complaint.
- Whether the High Court can exercise its inherent powers under Section 482 of the BNSS to grant bail.
- Whether the conditions of Section 438(2) of the CrPC are satisfied for anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 118(2), 303(2), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- delay in filing complaint
- inherent powers
- Section 482
- Section 438
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91042 of 2025
Arising Out of PS. Case No.-13236 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Vicky Kumar S/O Late Akhauri Nikhilesh Prasad @ Nikhilesh Prasad R/o
NEW sindhauli, Ward no .- 4 Shukla Bhawan Gali Dalmiyanagar, P.s- Dehri,
Dist- Rohtas Bihar-821305
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amit Kant S/O Late Shyamakant Sinha Add.- Sai MANDIR, Kankarbagh,
P.S- Kankarbagh, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar, Advocate
For the State : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 13236(C) of 2024 instituted under
Sections 115(2), 118(2), 303(2) and 3(5) of the Bharatiya
Nyaya Sanhita.
3. The petitioner is accused of taking away Rs.
92,000/- and the pen drive from the lab while working in the
lab. The occurrence took place in February, 2024 whereas the
complaint has been filed in October, 2024.
4. Considering the fact that the petitioner is accused
in a complaint case and also considering the unexplained delay
Patna High Court CR. MISC. No.91042 of 2025(2) dt.28-01-2026
2/2
in filing the complaint, this application is allowed.
5. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Sessions Judge XVII, Patna/ concerned Court in connection
with Complaint Case No. 13236(C) of 2024, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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