Vikash Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vikash Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to petitioner Vikash Kumar in Khagaul P.S. Case No. 126 of 2025: bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur; subject to conditions that one bailor be a specified near relative or affidavit-swearor, that the petitioner attend and co-operate in trial (two consecutive unexcused absences a ground for cancellation by the trial court), and that the prosecution may move for cancellation on tampering with evidence or witnesses.

Issue for consideration

Whether petitioner Vikash Kumar should be released on regular bail in connection with Khagaul P.S. Case No. 126 of 2025 (registered for offences punishable under Sections 126(6) of B.N.S., 2023).

Court's answer

Petitioner Vikash Kumar is to be released on regular bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, in connection with Khagaul P.S. Case No. 126 of 2025.

Ratio / Principle

Bail allowed having regard to the facts and circumstances of the case, the period of custody, submission of the charge-sheet, absence of likelihood of tampering with prosecution evidence, the arguments advanced on behalf of both sides, and the material available on record.

Key takeaways

Bail made subject to conditions: (i) one bailor shall be father, mother, sister, brother, wife or the person who swore the affidavit in the bail application (¶24); (ii) petitioner to co-operate in trial and remain present on all dates, absence on two consecutive dates without permission being a ground for cancellation by the trial court itself (¶25); and (iii) prosecution free to move for cancellation if the petitioner tampers with evidence or witnesses.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Pandey, J.; oral order dated 13-01-2026) allows the regular-bail prayer of Vikash Kumar in Criminal Miscellaneous No. 89270 of 2025 arising out of Khagaul P.S. Case No. 126 of 2025 (District Patna), registered for offences punishable under Sections 126(6) of B.N.S., 2023, concerning an alleged knife assault on and snatching of Rs. 17,000/- from the informant by two unknown miscreants. Per defence submissions recorded in the order: the petitioner is not named in the F.I.R., his name having transpired on the confessional statement of co-accused Vicky Kumar said to bear inimical terms with him; no T.I.P. has been conducted; and he carries a criminal antecedent of two cases in which he is on bail. The A.P.P. opposed bail. Grant rests on the period of custody (since 10.06.2025), submission of the charge-sheet, and absence of likelihood of tampering with prosecution evidence. Bail ordered on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, subject to conditions: one bailor to be a father/mother/sister/brother/wife or the affidavit-swearor; trial attendance with two consecutive unexcused absences constituting a ground for cancellation by the trial court itself; and liberty to the prosecution to seek cancellation on tampering with evidence or witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89270 of 2025

Arising Out of PS. Case No.-126 Year-2025 Thana- KHAGAUL District- Patna

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

Vikash Kumar S/o Baunand Prasad @ Babu Lal Prasad R/o VillageGarikhana, P.S- Khagaul, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

2 13-01-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in connection with Khagaul P.S. Case No. 126 of 2025 registered for the offences punishable under Sections 126(6) of B.N.S., 2023.

As per prosecution-case, two unknown miscreants assaulted with knife and snatched Rs. 17,000/-from the informant.

Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offense as alleged in the F.I.R. The petitioner is not named in the F.I.R. and his name transpired in the present case on the basis of confessional statement of co-accused Vicky Kumar who is having inimical term with the petitioner. Except disclosure of

Patna High Court CR. MISC. No.89270 of 2025(2) dt.13-01-2026 2/3

the co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. No T.I.P. has been conducted up till now and petitioner is in custody since 10.06.2025. Charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner is having criminal antecedent of two cases in which he is on bail.

Learned A.P.P. vehemently opposes the prayer of bail and submitted that the name of the petitioner has transpired during the course of investigation and he cannot escape from the allegation made in the F.I.R. Hence, petitioner does not deserve bail.

Considering the facts and circumstances of the case, period of custody, charge-sheet has already been submitted, there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Khagaul P.S. Case No. 126 of 2025, subject to

Patna High Court CR. MISC. No.89270 of 2025(2) dt.13-01-2026 3/3

following conditions:-

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J)

K.C.Jha/-

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