Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Vikash Kumar, was charged under Section 109 of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly firing a pistol and causing injuries to his brother Shubham Kumar during a birthday celebration. The petitioner argued that he was falsely implicated, that the informant was not an eyewitness, that there was a two‑day delay in filing the FIR, and that the shooting was accidental due to intoxication. The State contended that the FIR specifically described the petitioner’s act of calling an unknown accused who supplied the weapon, that Badal Kumar witnessed the shooting, and that the petitioner’s antecedent cases posed a risk of absconding. The court examined the credibility of the informant, the seriousness of the firearm injury, and the petitioner’s prior record. Concluding that the prosecution’s evidence was sufficient to justify denial of bail and that the risk of absconding existed, the court rejected the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged firearm injury and charges under Section 109 BNS and Section 27 Arms Act
- Whether the delay in filing the FIR and the informant’s lack of eyewitness status affect the bail decision
- Whether the petitioner’s antecedent cases create a risk of absconding warranting denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109
Subjects
- bail
- firearm injury
- Section 109 BNS
- Section 27 Arms Act
- false implication
- antecedent record
- risk of absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1240 of 2026
Arising Out of PS. Case No.-361 Year-2024 Thana- TEGHRHA District- Begusarai
======================================================
Vikash Kumar Son of Balaram Singh @ Balram Singh Resident of Village-
Gaura- 01 (Goura- 01) (Bishanpur Tola), Bishunpur Tola, Ward No. 13, P.S.-
Teghra, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 109 of the BNS, 2023 as well
as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and the informant alleges
that his brother, namely, Shubham Kumar along with Badal
Kumar, on invitation of the petitioner, went to the house of the
petitioner for celebrating his birthday but a dispute arose in
between Shubham Kumar and the petitioner. Thereafter,
petitioner called an unknown accused who came and gave pistol
to the petitioner and the petitioner fired causing firearm injury to
Shubham Kumar on his hand and abdomen. Further, Badal
Patna High Court CR. MISC. No.1240 of 2026(2) dt.20-04-2026
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Kumar, on hearing the sound of firing, fled away and informed
the informant about the occurrence.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that informant is not an
eyewitness to the occurrence and it does not appear probable
that petitioner, after inviting the victim for dinner, would have
shot him. It is next submitted that there is a delay of two days in
instituting the FIR. It is also submitted that since birthday of the
petitioner was being celebrated, hence, all friends had consumed
liquor and in a drunken state, accidental firing took place
leading to injury to Shubham Kumar. It is submitted that
petitioner is in custody since 12.10.2025.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner and submits that there is a specific
allegation against the petitioner of firing causing firearm injury
on the hand and the abdomen of Shubham Kumar. It is further
submitted that the occurrence was witnessed by Badal Kumar
who fled away from the place of occurrence and informed the
informant about the occurrence. It is next submitted that FIR
specifically alleges that a dispute arose in between the petitioner
and Shubham Kumar when petitioner called an unknown
Patna High Court CR. MISC. No.1240 of 2026(2) dt.20-04-2026
3/3
accused who came and gave arms to the petitioner and thereafter
the petitioner fired causing two firearm injury which amply
demonstrates that petitioner appears to be a trigger happy
person. It is also submitted that if the privilege of regular bail is
granted to the petitioner, the petitioner may abscond since he
has antecedent.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to release the
petitioner on bail in connection with Teghra (Teghrha) P.S. Case
No. 361 of 2024 pending in the Court of learned Chief Judicial
Magistrate, Begusarai/Successor Court.
7. Hence, the prayer for bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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