Patna High Court

Vivek Kumar @ Vivek rajversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner upon furnishing a bond of Rs 10,000 with two sureties.

Summary

Vivek Kumar was arrested in connection with a murder case (PS Case No.627 of 2024) alleged under Sections 103 and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. He contended that he was falsely implicated, that the FIR was lodged two days after the incident and that only a confessional statement linked him to the crime, while co‑accused had already been released on bail. The State opposed bail, highlighting his seven prior criminal cases. After hearing both sides, the Patna High Court held that the circumstances warranted bail and ordered the petitioner to be released on furnishing a bail bond of Rs 10,000 with two sureties. Consequently, the petitioner was granted bail pending trial.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents.
Whether the delay in filing the FIR and reliance on a confessional statement affect the grant of bail.
Whether the existence of co‑accused already on bail influences the decision.

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 103, 3(5)

Subjects

bail
criminal antecedent
confessional statement
delay in FIR
Arms Act
murder
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10376 of 2026
                       Arising Out of PS. Case No.-627 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Vivek Kumar @ Vivek raj son of Seth Rai Resident Of Vill- Botalkhana Ps-
                 Danapur Distt. -Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                    Heard Mr. Rajesh Kumar Sinha, learned counsel for

                   the petitioner and Mr. Tapeshwar Sharma, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection

                   with Danapur P.S. Case No. 627 of 2024 registered for the

                   offence punishable under Sections 103, 3(5) of the B.N.S., 2023

                   and Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that the

                   marriage of the informant was solemnized in the year 2019 with

                   one Manoj Kumar @ Jitendra. On 12.07.2024, when the

                   husband of the informant was returning at 07:00 P.M., it is

                   alleged that unknown miscreants have killed the husband of the

                   informant.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10376 of 2026(2) dt.18-02-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that the petitioner has been framed in this

          case on the basis of his criminal antecedents and after that he

          has given his confessional statement. He also submits that from

          perusal of the FIR, it is clear that the occurrence took place on

          12.07.2024, whereas the FIR was lodged on 14.07.2024. Save

          and except the confessional statement, there is nothing against

          the petitioner. He further submits that co-accused persons whose

          name have surfaced in the confessional statement of this

          petitioner have already been granted bail by this court vide Cr.

          Misc. Nos. 45645 of 2025 and 78197 of 2025. Moreover, the

          petitioner is languishing in judicial custody since 31.01.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of seven 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
           Patna High Court CR. MISC. No.10376 of 2026(2) dt.18-02-2026
                                                       3/3




                     A.C.J.M.-I, Danapur in connection with Danapur P.S. Case No.

                     627 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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