Allowed¶21

Vikash Kumar v. The State of Bihar

Patna HC14 Aug 2025CR. MISC./52142/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.52142 of 2025, decided 14-08-2025 (Rudra Prakash Mishra, J.); bail application by Vikash Kumar in Baligaon P.S. Case No. 40 of 2025, District Vaishali, Sections 334(1) and 303(2) Bhartiya Nyaha Sanhita, 2023 (alleged night theft in informant's shop); bail granted on bonds of Rs. 15,000/- with two sureties of like amount; petitioner in custody since 27.03.2025; no criminal antecedent; charge-sheet submitted; implication based on co-accused's confessional statement before police; State opposed through APP Nagendra Prasad; counsel Shashank Shekhar for petitioner.

What did the court decide?

Release on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Baligaon P.S. Case No. 40 of 2025.

Vikash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, implicated in Baligaon P.S. Case No. 40 of 2025 (District Vaishali) for alleged night theft in the informant's shop, punishable under Sections 334(1) and 303(2) of the Bhartiya Nyaha Sanhita, 2023, should be released on bail.

¶15

Court's answer

Considering the entire facts and circumstances of the case, the period of custody undergone and the petitioner having no criminal antecedent, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Baligaon P.S. Case No. 40 of 2025.

¶21

Ratio / Principle

The grounds for enlarging the petitioner on bail were the entire facts and circumstances of the case, the period of custody already undergone, and the petitioner having no criminal antecedent.

¶21

Detailed headnote1 paragraphs

Bail - allowed. Petitioner Vikash Kumar, arraigned in Baligaon P.S. Case No. 40 of 2025 (Thana Baligaon, District Vaishali) for offences under Sections 334(1) and 303(2) of the Bhartiya Nyaha Sanhita, 2023 on an allegation of theft committed in the night in the informant's shop, was in judicial custody since 27.03.2025 with the charge-sheet already submitted; his name had transpired through a confessional statement of a co-accused (Kubodh Kumar @ Kumod Kumar) recorded before the police, which counsel contended carried no evidentiary value, and nothing incriminating was said to have been recovered from his possession. Considering the entire facts and circumstances, the period of custody and the absence of criminal antecedents, the Patna High Court (Rudra Prakash Mishra, J., oral order dated 14-08-2025) directed release on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52142 of 2025

¶2

Arising Out of PS. Case No.-40 Year-2025 Thana- BALIGAON District- Vaishali

¶3

======================================================

¶4

Vikash Kumar S/o- Vishnudev Prasad Resident of Village- Keshopur, Ward No 11 PS-Paroo District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar, Adv. For the Opposite Party/s : Mr.Nagendra Prasad, APP

¶10

======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶12

ORAL ORDER

¶13

2 14-08-2025

¶14

Heard learned counsel for the petitioner and learned APP for the State.

¶15

The petitioner seeks bail in connection with Baligaon P.S. Case No. 40 of 2025 instituted for the offences under Sections 334(1) and 303(2) of the Bhartiya Nyaha Sanhita, 2023.

¶16

As per prosecution case, there is an allegation of theft in night in the shop of the informant.

¶17

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the suspicion. He further submits that nothing incriminating has been recovered from the conscious possession

¶18

Patna High Court CR. MISC. No.52142 of 2025(2) dt.14-08-2025 2/2

¶19

of the petitioner. The name of the petitioner has transpired in this case on the basis of the confessional statement of the coaccused Kubodh Kumar @ Kumod Kumar recorded before the police which has no evidentiary value in the eye of law. The petitioner has no concern with the seized liquor. The petitioner has no criminal antecedent and is languishing in judicial custody since 27.03.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

¶20

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

¶21

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Baligaon P.S. Case No. 40 of 2025.

¶22

(Rudra Prakash Mishra, J)

¶23

rishi/-

¶24

U T

Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pappu Sahani Vs The State of Bihar

Aman Chourasiya @ Aman Dip Kumar @ Aman Deep Kumar @ Aman Modi Vs The State of Bihar

Ashutosh Raj Vs The State of Bihar

Rakesh Kumar Sahni @ Pale Sahni Vs The State of Bihar

Sonelal Ray @ Sone Lal Rai Vs The State of Bihar

Gorakh Paswan @ Kail Paswan Vs The State of Bihar