Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Vikash Kumar was arrested on 9 October 2025 in connection with a FIR dated 22 September 2025 alleging that he fired upon a victim, charging him under several sections of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, noting that the informant (PW‑1) did not identify him as the assailant and that the FIR lacked a specific allegation against him. The State opposed bail, arguing that the FIR contains a direct allegation of firing upon the victim, though the informant had not supported the prosecution in trial. The Court examined the material, observed the lack of identification by the witness and the petitioner's claim of innocence, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued with a directive that any breach of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the B.N.S. and Arms Act.
- Whether the lack of identification by the informant and alleged false FIR affect the bail decision.
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- Arms Act
- B.N.S.
- identification of accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16599 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Vikash Kumar S/O Ram Bahadur Yadav R/O Vill. - Jhinora, P.S -
Tetarhat,Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Umesh Prasad, Advocate
For the State : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Umesh Prasad, learned counsel for the
petitioner and Mr. Abhay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.10.2025, in connection with Sessions Trial No. 376 of 2025
arising out of Chanan P.S. Case No. 124 of 2025, F.I.R. dated
22.09.2025 registered for the offences punishable under
Sections 126(2), 115(2), 109, 303(2), 3(5) of the B.N.S. and
Section 27 of the Arms Act.
3. Allegation against the petitioner is that he has fired
upon the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. Om Prakash
Patna High Court CR. MISC. No.16599 of 2026(2) dt.16-03-2026
2/3
Kumar @ Munna who is informant in the present case has been
examined in the trial as P.W. 1 and he has not identified the
petitioner as an assailant and apart from aforesaid it appears
from the F.I.R. that there is no specific allegation against the
petitioner in the F.I.R. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 09.10.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that from perusal of the F.I.R. it appears
that there is direct and specific allegation against the petitioner
that he has fired upon the informant/victim but fairly submits
that the informant has not supported the case of the prosecution
in the trial as well as the petitioner carries one more case other
than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge-II, Lakhisarai in
Patna High Court CR. MISC. No.16599 of 2026(2) dt.16-03-2026
3/3
connection with Sessions Trial No. 376 of 2025 arising out of
Chanan P.S. Case No. 124 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
Checking your session…