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Patna High Court

Vikash Kumar @ Vikash YadavversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.12319 of 2026(3) dt.30-04-2026
                                                        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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