Patna High Court

Vikash Kumar @ Motiya @ Moti KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

Vikash Kumar was arrested in connection with a case (PS Teghra Case No. 303 of 2025) alleging assault with the butt of a gun on an informant, invoking sections 115(2), 126(2), 109, 351(2), 308(4), 303(2) and 3(5) of the B.N.S. The petitioner claimed innocence, argued that the injury was minor, highlighted a counter‑version of events, and pointed to his co‑accused having been granted bail in a similar case. The State opposed bail, emphasizing the petitioner’s criminal antecedents and the injury caused. After hearing both sides, the Court considered the nature of the injury, the petitioner’s custody since 28‑10‑2025, and the precedent of bail granted to a co‑accused, and decided to release the petitioner on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious charges under the B.N.S.
Whether the nature of the injury and the petitioner’s criminal antecedents preclude bail
Whether the precedent of bail granted to a co‑accused is applicable

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 308(4), 3(5), 351(2)

Subjects

regular bail
criminal antecedent
assault with firearm
B.N.S. sections
injury report
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10727 of 2026
                     Arising Out of PS. Case No.-303 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Vikash Kumar @ Motiya @ Moti Kumar S/O Binod Singh @ Vindo Singh
                 R/O Village- Madhurapur, Dakshinwari Tola, Ward No. 27, P.S.- Teghra,
                 District- Begusarai
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar Patna
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amritesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   25-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 115(2),

                   126(2), 109, 351(2), 308(4), 303(2) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioner has

                   assaulted with the butt of the gun on the head of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is also a

                   counter version of this case and he has fairly submitted that

                   petitioner is having criminal antecedent of twelve cases. It has

                   further been submitted that from perusal of the injury report

                   which is Annexure P/3, it will transpire that the nature of injury is

                   simple as it is alleged that the petitioner was having a gun and he
            Patna High Court CR. MISC. No.10727 of 2026(3) dt.25-02-2026
                                                        2/2




                      has only assaulted with the butt it shows that, he was not having

                      any intention to kill otherwise, he would have fired. It is further

                      submitted that similarly situated co-accused, namely, Abhay

                      Kumar @ Ghunghuru Singh has already been granted bail by a

                      Bench of this Court vide order dated 22.01.2026 passed in Cr.

                      Misc. No. 88840. Moreover, the petitioner is languishing in

                      judicial custody since 28.10.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer of

                      regular bail. It is further submitted that petitioner is having

                      criminal antecedent and he has injured the informant.

                                   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 released on bail in connection with

                      Teghra P.S. Case No. 303 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Begusarai.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

Continue reading with your account

Checking your session…