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2026 Supreme(Online)(Pat) 4499

PATNA HIGH COURT
Rajesh Kumar Verma, J
Bikki Kumar @ Bittu @ Vickey Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.3091 of 2026|G.R.No.4079 of 2025|Nayagaon P.S. Case No. 73 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Ashok Kumar
For the Respondents: Mr.Shailendra Kumar, APP

The court emphasized that bail may be granted considering the accused's clean antecedents and the nature of allegations.

Headnote:Upon analysis of the allegations under BNS Act, the petitioner, with clean antecedents, sought bail after being in custody since 11.09.2025 on charges of serious offences. The court considered the allegations unfounded based purely on suspicion. The court ruled that the petitioner is entitled to bail upon fulfilling bail conditions. The decision emphasizes the necessity of ensuring the petitioner’s presence and prohibitions against tempering with evidence.

Table of Content
1. bail sought on grounds of clean antecedents against serious allegations. (Para 2 , 3)
2. arguments presented regarding suspicion and implications. (Para 4 , 5)
3. conditions for granting bail imposed by the court. (Para 6)

For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr.Ashok Kumar, learned counsel for the petitioner and Mr.Shailendra Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since

11.09.2025 in connection with G.R.No.4079 of 2025 arising out of Nayagaon P.S. Case No. 73 of 2025, F.I.R. dated 11.09.2025 registered for the offence punishable under Sections

303(2),317(2) of BNS, 2023.

3. Allegation against the petitioner is that he apprehended at the spot of occurrence with the master key and a mobile phone in his possession.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion and it appears from the FIR that the petitioner has not committed any offence as alleged in the FIR and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 11.09.2025. Learned counsel for the petitioner submits that although the petitioner has clean antecedent but in the FIR name of the petitioner has been recorded as Bikki Kumar @ Bittu but Bittu is brother of the petitioner and he carries two cases and petitioner has clean antecedent.

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact and petitioner has clean antecedent, 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 J.M.-1st Class, Begusarai in connection with Nayagaon P.S. Case No. 73 of 2025, with the following conditions:-

(I) Petitioner shall co-operate in the trial and shall be 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/-

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