Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Vikash Kumar applied for regular bail in a case registered under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that he sold the pistol used in the offence, while the petitioner claimed innocence and highlighted that a co‑accused had been granted bail in a similar case. The State opposed the bail application. The Patna High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with attendance and cooperation conditions. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Section 103(1) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act
- Whether the bail granted to a co‑accused in a similar case is relevant to the petitioner's bail application
- What conditions, if any, should be imposed on the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16721 of 2026
Arising Out of PS. Case No.-429 Year-2025 Thana- ATRI District- Gaya
======================================================
Vikash Kumar Son of Bhola Prasad Gupta @ Bhola Sao Resident of Village -
Tetua, Police Station - Atri, District - Gaya jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Atri P.S. Case No. 429 of 2025 registered for the offence under
Section(s) 103(1) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to
have sold the pistol used in the crime to the main accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 23.10.2025 and it is submitted that
the similarly situated co-accused, namely Rahul Kumar who has
supplied the cartridge, has been granted regular bail by this
Court in Cr. Misc. No. 27096 of 2026 dated 22.04.2026.
Patna High Court CR. MISC. No.16721 of 2026(3) dt.13-05-2026
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Atri P.S. Case No.
429 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Atri Police Station on the
first 1st and 3rd Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.16721 of 2026(3) dt.13-05-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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