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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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