Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64498 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Vivek Kumar S/o Late Birendra Prasad @ Virendra Kumar Manjhi R/o Village - Harkhauli, P.S - Mirganj, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-12-2025 Heard Mr. Saurabh Kumar, learned counsel for the Petitioner and Mr. Mohammad Sufyan, learned APP for the State.
2. Petitioner seeks regular bail in connection with Mirganj P.S. Case No. 202 of 2025 dated 23.04.2025 registered for the offence punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. The main submissions advanced by the petitioner's counsel are that the petitioner is a young person and was initially arrested in Mirganj P.S. Case No. 203 of 2025 in connection with offences under the Arms Act and as per the prosecution, he made a confessional statement revealing his role in other offences, including those related to the FIR in the instant matter, after which he was remanded in the present and
Patna High Court CR. MISC. No.64498 of 2025(3) dt.10-12-2025 2/3 other cases, however, the confessional statement has no evidentiary value. It is further submitted that, after the petitioner's remand in the present matter, the police failed to collect any incriminating evidence connecting him with the alleged loot and did not conduct a test identification parade to establish his identity, and no part of the looted articles was recovered from his possession. It is lastly submitted that the petitioner has been in languishing in jail since 08.06.2025, and against him, the investigation has been completed. Though he has criminal antecedents of five other cases but he is on bail in all the said cases.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions, and mainly taking into account the petitioner's plea regarding the nonavailability of any incriminating evidence against him except his own statement recorded before the police, and learned APP has not been able to rebut the said plea, in my opinion, at this stage, it is a fit case for granting bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.64498 of 2025(3) dt.10-12-2025 3/3 concerned Court in connection with Mirganj P.S. Case No. 202 of 2025 on the condition:- (i) In view of the petitioner's criminal antecedents, he shall be released after the framing of charges. If the charges have not been framed as yet then the trial court shall take steps to frame the charges upon the petitioner in accordance with the procedure of law. If, for any legal reason, the charges are not framed within one month then the petitioner shall be released on bail.
(Shailendra Singh, J) maynaz/- U T