Patna High Court
Vikash Kumar @ Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused bail, holding that the seriousness of the allegations and the medical evidence preclude the grant of bail.
Summary
Vikash Kumar (alias Vikash Yadav) was arrested on 14 July 2025 in connection with a 2023 FIR alleging multiple offences including rioting, assault, grievous hurt, attempted murder and illegal possession of arms. The informant claimed that Kumar and others attacked his father, severed both forearms below the elbow and fired at the informant. The petitioner’s counsel argued that he was falsely implicated and that there was no intent to kill, seeking bail after prolonged custody. The State opposed bail, highlighting the serious nature of the allegations and the medical evidence of amputations. The Court, after considering the gravity of the offences and the injury report, refused the bail application.
Issues considered
- Whether bail should be granted to an accused charged with offences under IPC sections 147,148,149,341,326,307,504,325,324,323 and Arms Act section 27, given the seriousness of the alleged injuries.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 326, 341, 504
Subjects
- bail
- grievous hurt
- attempted murder
- arms act
- IPC
- judicial custody
- serious offences
- medical evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12319 of 2026
Arising Out of PS. Case No.-123 Year-2023 Thana- SARMERA District- Nalanda
======================================================
Vikash Kumar @ Vikash Yadav S/o- Awadhesh Yadav Vill- Moh Chero PS-
Sarmera District- Nalanda Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Richa, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
For the Informant : Mr. Akash Raj, Advocate
: Mr. Pratik Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Ms. Richa, learned counsel for the
petitioner, Mr. Abhay Kumar, learned A.P.P. for the State and
Mr. Akash Raj, learned counsel for the Informant.
2. The petitioner seeks bail, who is in custody since
14.07.2025 in connection with Sarmera P.S. Case No. 123 of
2023, FIR dated 17.06.2023 registered for the offence under
Section 147, 148, 149, 341, 326, 307, 504, 325, 324, 323 of the
Indian Penal Code and Section 27 of Arms Act.
3. According to the prosecution case, the informant
alleged that on 17.06.2023 at about 8.00 P.M when the father of
the informant was returning from Musahari Tola and reached
near the shop of Mado Yadav, then the petitioner along with
other accused persons suddenly caught him and thrashed him on
Patna High Court CR. MISC. No.12319 of 2026(3) dt.30-04-2026
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the ground. On hearing hulla, the informant reached there and
saw that the accused persons cut both the hands of his father
from the portion of the wrist from gadasa. Other accused
persons grabbed his father and when the informant raised alarm
the accused persons fired at him. Other person of village came
to save them and then the accused persons fled away.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and he has falsely been
implicated in this case. She next submits that due to some petty
dispute the present occurrence has taken place and there was no
intention to kill anyone and the petitioner is rotting in judicial
custody since 14.07.2025.
5. Learned A.P.P. for the State as well as learned
counsel for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that
there is direct and specific allegation against the petitioner that
he assaulted to the father of the informant. Furthermore, the
injury report of the injured person indicates amputation below
the elbow of both forearms, caused by a hard and sharp object.
6. Considering the facts and circumstances of the
case as well as nature of allegation supported by medical
evidence, I am not inclined to enlarge the petitioner on bail in
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3/3
connection with Sarmera P.S. Case No. 123 of 2023, pending in
the Court of Chief Judicial Magistrate, Nalanda.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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