Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73220 of 2025 Arising Out of PS. Case No.-101 Year-2023 Thana- MEHSI District- East Champaran ====================================================== Vinay Kumar S/o- Suresh Rai @ Sudish Rai R/v- Pakadi Basarat PsSahebganj Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-01-2026 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with Mehsi P.S. Case No. 101 of 2023 registered for the offence punishable under Section 379 of the Indian Penal Code.
3. The case of the prosecution in short is that unknown miscreants has committed theft of Rs. 1,20,000/- and have also filled a gallon from the petrol pump.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that the FIR was lodged against unknown miscreants. He also submits that during the course of investigation, one Dhiraj Kumar was
Patna High Court CR. MISC. No.73220 of 2025(3) dt.13-01-2026 2/3 apprehended, and Dhiraj Kumar has disclosed the name of this petitioner. Nothing has been recovered from the possession of this petitioner. Save and except the confessional statement, there is nothing against the petitioner. It has further been submitted that one co-accused namely, Munna Kumar, having a similar nature of allegation, has been granted bail by the learned coordinate Bench of this Court in Cr. Misc. No. 64245 of 2023. He further submits that the petitioner is languishing in judicial custody since 08.09.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No. 101 of 2023 subject to the following conditions as well as the conditions laid down under Section 437(3) of the Cr.P.C.
Patna High Court CR. MISC. No.73220 of 2025(3) dt.13-01-2026 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands allowed.
(Ashok Kumar Pandey, J) Sudhanshu/- U T