Patna High Court
Vinay Kumar @ Vinay VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to surrender within eight weeks and compliance with bail bond conditions.
Summary
Vinay Kumar petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case involving indiscriminate firing that injured a child and a woman. The FIR listed 21 accused, but Kumar’s name was not originally mentioned and surfaced only during investigation. He asserted his innocence, clean antecedent, and pointed out that a co‑accused had already been granted anticipatory bail. The State opposed the bail application. Considering the nature of the allegations, the petitioner’s clean record, and the precedent of bail to a co‑accused, the Court allowed anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and Arms Act offences.
- Whether the petitioner’s clean antecedent and the fact that he is not named in the FIR justify bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 111(2), 190, 191(2), 191(3)
Subjects
- anticipatory bail
- criminal procedure
- firearms injury
- Arms Act
- Bharatiya Nyaya Sanhita
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12332 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
======================================================
Vinay Kumar @ Vinay Verma Son of Basant Verma Resident of Village
-Verma Colony Maranga PS- Maranga District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 191(3),
111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3. As per the F.I.R, 21 named accused persons, along
with some unknown persons, were indulged in indiscriminate
firing, as a result of which, one child and one lady sustained
firearms injury.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has
committed no offence. Petitioner is not named in the F.I.R. and
his name transpired in this case during investigation. Similarly
situated co-accused, namely, Subham Choudhary @ Shubham
Patna High Court CR. MISC. No.12332 of 2026(2) dt.09-04-2026
2/2
Kumar has already been granted anticipatory bail by this Court
vide order dated 09.02.2026 passed in Cr. Misc. No. 81529 of
2025. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged 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 Chief Judicial
Magistrate, Purnea in connection with Maranga P. S. Case No.
278 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…