Patna High Court
Vivek Kumar @ BhakoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in the absence of material evidence against the petitioner and given the precedent of bail to a co‑accused, regular bail should be granted subject to conditions.
Summary
The petitioner, Vivek Kumar, was arrested in connection with a robbery and murder at a bank's customer service centre, where three armed assailants looted cash and shot the informant and his husband, the latter dying from injuries. The petitioner claims innocence, asserting that only a co‑accused's confessional statement mentions his name and no material evidence or recovered items link him to the crime, and points to a similar co‑accused who was previously granted bail. The State opposes bail, highlighting the petitioner’s nine prior criminal cases. The court, after considering the lack of substantive evidence, the precedent of bail to a co‑accused, and the petitioner’s willingness to cooperate, ordered regular bail with conditions of attendance and a bail bond. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences (IPC 302, 307, 394 and Arms Act 27) and his criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 394
Subjects
- regular bail
- IPC
- Arms Act
- robbery
- murder
- criminal antecedent
- judicial custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13875 of 2026
Arising Out of PS. Case No.-271 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Vivek Kumar @ Bhako Son of Harindra Ray R/o Village - Hathsarganj, P.S. -
Hajipur Town, Dist. - Vaishali(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 394, 307,
302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant is
running a Customer Service Centre (hereinafter referred to as
‘CSC’) of IDFC First Bank and her husband is a security guard.
On the date of the occurrence, she was working at her CSC. Her
husband has also returned from his duty and at about 03.55 PM,
three miscreants on a red color bike being armed with weapon
entered in the CSC. They pointed gun on the informant and
started looting the cash from the CSC and when the informant
and her son objected, accused persons started firing at them. The
Patna High Court CR. MISC. No.13875 of 2026(2) dt.25-02-2026
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informant also received gunshot injury in his right leg. The
husband of the informant received four gunshot injuries in his
chest after that he rushed to the doctor where he was declared
dead.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. It is also submitted that the
name of this petitioner has surfaced in the statement of co
accused namely, Vikash Kumar. It has also been submitted that
nothing has been recovered from the possession of this
petitioner and except the confessional statement of Vikash
Kumar there is nothing on record against the petitioner.
Similarly situated co-accused person has already been granted
bail by this Court vide order dated 20.03.2025 passed in Cr.
Misc. No. 85631 of 2024 and the case of this petitioner stands
on similar footing. It is also submitted that no recovery and no
TIP was conducted. Moreover, the petitioner is languishing in
judicial custody since 29.07.2024.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and submits that the petitioner is
having criminal antecedent of nine cases.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.13875 of 2026(2) dt.25-02-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date in trial court and
shall mark his attendance weekly at Hajipur Town P.S. The
above named petitioner is directed to be released on bail in
connection with Hajipur Sadar P.S. Case No. 271 of 2024 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, Vaishali at Hajipur/concerned trial
court.
7. Accordingly, the application stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
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