Patna High Court

Vikky KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court held that, in view of the absence of material evidence directly linking the petitioner to the recovered motorcycles and the existence of bail for a co‑accused, the petitioner is entitled to bail.

Summary

Vikky Kumar was arrested in connection with a case registered under Sections 317(4) and 111 of the Bharatiya Nyaya Sanhita, 2023 after a police raid on a repair shop recovered two motorcycles. The co‑accused identified Kumar as one of the persons who had brought the motorcycles, but no vehicle was found in his possession or at his residence. Kumar pleaded innocence, argued that he was falsely implicated and pointed out that a co‑accused had already been granted bail. The State opposed the bail application. After considering the submissions and the lack of direct evidence linking Kumar to the seized motorcycles, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Sections 317(4) and 111 of the Bharatiya Nyaya Sanhita, 2023 given the facts of the case

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 111, 317(4)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Section 317(4)
Section 111
motorcycle theft
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92009 of 2025
                      Arising Out of PS. Case No.-561 Year-2024 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Vikky Kumar S/o Ranjit Paswan R/o Village- Nimiyan Tand, P.S.- Barachatti,
                 Distt- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath, Adv.
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Barachatti P.S. Case No. 561 of 2024 dated 27.12.2024

                   registered for the offence punishable under Sections 317(4)

                   and 111 of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, on getting secret

                   information, the police conducted a raid at the repair shop

                   of one Dilchand Yadav @ Rajesh Kumar and found that two

                   motorcycles were standing at the shop. On being asked,

                   Dilchand Yadav @ Rajesh Kumar and co-accused were

                   unable to produce the relevant documents for the
Patna High Court CR. MISC. No.92009 of 2025(2) dt.15-01-2026
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          motorcycles and they disclosed that the named accused

          persons namely, Rohit Kumar, Vikash Kumar, Vikky Kumar

          (petitioner) and Ravi Kumar were the persons, who brought

          the motorcycles. They further disclosed that Deepak Kumar

          used to purchase the motorcycles. Thereafter, the police

          went to the house of the Pradip Manjhi and recovered other

          two motorcycles.

                       4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in

          this case. It is submitted that two motorcycles were

          recovered from the shop of Dilchand Yadav @ Rajesh

          Kumar, who disclosed the name of the petitioner and others

          and only on that basis, the name of the petitioner has

          figured out in the F.I.R.. It is further submitted that nothing

          has been recovered either from conscious possession of the

          petitioner or from his house. Further, it is submitted that co-

          accused Dilchand Yadav @ Rajesh Kumar has been granted

          bail vide order dated 25.07.2025 passed in Criminal

          Miscellaneous No. 48402 of 2025 by a co-ordinate Bench

          of this Court. Lastly, it has been submitted that the

          petitioner is in custody since 31.07.2025, having one
            Patna High Court CR. MISC. No.92009 of 2025(2) dt.15-01-2026
                                                        3/3




                      criminal case against him and charge-sheet has been

                      submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let the petitioner 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

                      A.C.J.M.-II, Sherghati, Gaya in connection with Barachatti

                      P.S. Case No. 561 of 2024.



                                                   (Khatim Reza, J)
prabhat/-

U       T

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