Patna High Court
Vikki Kumar @ Sukha GopversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Vikki Kumar was arrested in connection with offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He applied for regular bail, having been in custody since 6 January 2025, and argued that the trial had made little progress and that all prosecution witnesses were police officials, so his release would not prejudice the case. The State opposed the bail. The Patna High Court, noting the prolonged incarceration and the status of the trial, decided to grant regular bail on a bond of Rs.20,000 with two sureties of the same amount. The order releases the petitioner pending trial.
Issues considered
- Whether regular bail should be granted to the accused under the Arms Act given the prolonged period of custody and lack of trial progress
- Whether the fact that prosecution witnesses are police officials affects the grant of bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- regular bail
- Arms Act
- trial delay
- police witnesses
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16213 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Vikki Kumar @ Sukha Gop, Son of Babloo Yadav @ Babloo Prasad, Resident
of Village- Chakiyapar, P.S.- Naubatpur, District- Pana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
3 19-06-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. Petitioner seeks regular bail in connection with
Naubatpur P.S. Case No. 20 of 2025, registered for the offences
punishable under Sections 25(1-B)(a), 26 and 35 of the Arms
Act.
3. The main submissions advanced by petitioner's
counsel are that this is the second attempt of the petitioner to get
the relief of regular bail, though his earlier prayer has already
been rejected by this Bench vide order dated 18.07.2025 passed
in Cr. Misc. No. 43369 of 2025 and the fresh grounds for
renewing the prayer are the petitioner's long incarceration
period as he has been languishing in jail since 06.01.2025 and
and there is no significant progress in the trial of the petitioner.
Patna High Court CR. MISC. No.16213 of 2026(3) dt.19-06-2026
2/2
Learned counsel further submits that all the material witnesses
of the prosecution who are to be examined in the trial of the
petitioner are police officials so release of petitioner will not
affect the prosecution in any manner now.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions and mainly
taking into account the petitioner's present custody period and
the status of the petitioner's trial as mentioned in the trial court's
report, this court is now inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court in connection with
Naubatpur P.S. Case No. 20 of 2025.
(Shailendra Singh, J)
Rajiv/-
U T
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