Vicky Kumar @ Santlal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27991 of 2026 Arising Out of PS. Case No.-595 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Vicky Kumar @ Santlal Sah Son of Lalbabu Sah Resident of VillageMathiya Dih, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr.Prateek Tandon, learned counsel for the petitioner and Mr.Yogendra Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 24.12.2025 in connection with Muffasil P.S. Case No. 595 of 2025, F.I.R. dated 15.09.2025 registered for the offence punishable under Sections 309(6), 118(2),109 of BNS.
3. The FIR of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused persons, namely, Vivek
Patna High Court CR. MISC. No.27991 of 2026(2) dt.27-04-2026 2/3 Kumar and Deva Gupta and nothing has been recovered from conscious possession or the house of the petitioner rather the recovery has been made from possession of co-accused persons and till date no TIP has been conducted by the prosecution and the police, after, investigation submitted the chargesheet against the petitioner and the petitioner is in custody since 24.12.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries nine more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused persons and till date no TIP has been conducted by the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Muffasil P.S. Case No. 595 of 2025,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.27991 of 2026(2) dt.27-04-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T