Vijendra Kumar @ Bijendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29152 of 2026 Arising Out of PS. Case No.-41 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Vijendra Kumar @ Bijendra Kumar S/o Late Haridwar Singh R/o vill - Pritampura, P.S.- Charpokhari, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parmatma Singh, Advocate For the Opposite Party/s :
Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-07-2026 Heard Mr. Parmatma Singh, learned Advocate for the petitioner and Mr. M.K. Nirala, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 41 of 2025, registered for the offenses punishable under Section 303(2) of the BNS, 2023.
3. Allegedly in the night of 19.01.2025 some unknown thieves stolen away three motorcycles which were parked inside the premises of the petitioner's house. The details of the vehicles have been disclosed in the FIR.
4. Learned Advocate for the petitioner submitted that admittedly the FIR have been instituted against unknown thieves, however, during the course of investigation, the police apprehended one Suraj Kumar who had disclosed in his confessional statement that he had sold a bullet motor cycle to
Patna High Court CR. MISC. No.29152 of 2026(3) dt.17-07-2026 2/3 this petitioner on payment of Rs. 15,000/-. But to the utter surprise no recovery of any motor cycle or any incriminating materials have been made from the whereabouts of the petitioner. Save and except the confessional statement, there is no material which suggested the complicity of the petitioners in the crime, besides the fact that the petitioner is disabled person having locomotor disability of 47%. To support the aforesaid contention the certificate of disability has also been produced on record as Annexure P/2.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner bears one criminal antecedent, besides his name has been surfaced in the confessional statement of co-accused.
6. Having regard to the submissions made on behalf of the parties and considering the fact that save and except the confessional statement, there is no material available on record, besides there is no recovery of any incriminating material from the whereabouts of the petitioner, as also the disability of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.29152 of 2026(3) dt.17-07-2026 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 41 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) siddharth/- U T