Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court refused bail, holding that the petitioner’s prior absconding and the seriousness of the offences preclude regular bail.
Summary
Vijay Kumar applied for regular bail in 2026 for offences under Sections 147, 148, 149, 302 of the IPC, Section 27 of the Arms Act and Section 17 of the Indian Criminal Law Amendment Act, relating to a 2011 killing alleged to have been carried out by Naxalites. The prosecution alleges that Kumar was part of the Naxal group that killed the deceased and that he absconded after the incident, only being taken into custody on 3 January 2026. The petitioner contended that he was falsely implicated, has no prior criminal record, and is willing to cooperate with the trial. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s prior absconding. The Court, noting the gravity of the offences and the petitioner’s history of evasion, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to an accused of murder, rioting, and arms offences who had previously absconded.
- Whether the petitioner’s claim of false implication and lack of criminal antecedent outweighs the seriousness of the charges.
Legislation cited
- Arms Act — s. 27
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 302
Subjects
- bail
- murder
- IPC
- Naxal
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15276 of 2026
Arising Out of PS. Case No.-30 Year-2001 Thana- BIKRAM District- Patna
======================================================
Vijay Kumar Son of Ramjit Ram Resident of Village House No 1051, Bailey
Road, Shiv Mandir, Sheikhpura, Rukunpura, B.V. College, P.S.- Hawai Adda,
District- Patna- 800014
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Bikram P.S. Case No. 30/2001 registered for the offences
punishable under Sections 147, 148, 149 and 302 of the I.P.C.,
Section 27 of the Arms Act and Section 17 of the Indian
Criminal Law Amendment Act.
3. As per the prosecution case, petitioner and others
accused are said to have killed the deceased as the petitioner and
others were naxals. The case is of the year 2011 and thereafter,
the petitioner had absconded.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Petitioner is
Patna High Court CR. MISC. No.15276 of 2026(3) dt.23-06-2026
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not associated with any naxal activities. Learned counsel further
submits that he has no criminal antecedent and he is in custody
since 03.01.2026. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner is named in
the FIR of the year 2011, which relates to the killing of the
deceased, and that he had absconded thereafter, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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