Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21404 of 2026 Arising Out of PS. Case No.-266 Year-2025 Thana- HARNAUT District- Nalanda ====================================================== Vishal Kumar son of Vikash Paswan, resident of village Mahathwar, P.S. Kalyan Bigha, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309 (4) of the BNS.

3. The case of the prosecution, in brief, is that some unknown miscreants committed theft in the house of the informant and stole household articles along with mobile phones.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the name of the petitioner surfaced during investigation on the basis of the confessional statement of co-accused, Mithun. It is further submitted that the petitioner has also made a confessional

Patna High Court CR. MISC. No.21404 of 2026(2) dt.06-04-2026 2/2 statement. From perusal of the seizure list, it appears that two mobile phones were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner further submits that, from the perusal of the F.I.R., it is evident that the mobile phone stolen from the house of the informant was of Vivo company, whereas the mobile phones recovered from the petitioner are of Samsung and Oppo company. It is also submitted that the petitioner has no criminal antecedents and is in custody since 12.09.2025.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harnaut P.S. Case No. 266 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif. (Ashok Kumar Pandey, J) Jagdish/- U T