Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Vicky Kumar, applied for regular bail in a case registered under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, alleging that he was implicated in a robbery and shooting incident despite not being named in the FIR or identified in a TIP. The prosecution alleged that two assailants on motorcycles snatched a bag containing Rs 10 lakh from an informant and shot him, after which the accused fled. The petitioner argued that there was no recovery of any incriminating article, no identification parade, and he had no prior criminal record, having been in custody since 20‑Nov‑2025. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence linking the petitioner, his clean antecedents, and the circumstances, the Court ordered his release on bail upon furnishing a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the petitioner can be considered an accused in the absence of his name in the FIR and lack of a Test Identification Parade.
- Whether the petitioner’s lack of incriminating material and clean criminal record justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Negotiable Instruments Act
- identification parade
- no antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18897 of 2026
Arising Out of PS. Case No.-948 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Vicky Kumar S/O Manoj Ram R/O Mohalla- Pokhra (Subhash Chouk), P.S-
Hajipur (Town), Distt.- Vaishali (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ram Krishna Nagar P.S.
Case No. 948 of 2025 dated 07.11.2025 registered for the
offences punishable under Section 309(6) of B.N.S. and Section
27 of the Arms Act.
3. As per the prosecution case, informant was carrying
Rs. 10 lakh so as to deposit the same in the bank and on the way
to bank, he was intercepted by two motorcycles borne persons
who were wearing helmet and out of them one snatched his bag
containing the said cash. Upon resistance by the informant, the
person sitting on the back of the motorcycle fired a shot at him
which hit on the right arm and thereafter the accused persons
Patna High Court CR. MISC. No.18897 of 2026(2) dt.25-03-2026
2/2
fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR, no Test Identification Parade
of the petitioner has been held and he has been made an accused
on the basis of suspicion on unfounded grounds. Moreover,
there is no recovery of any incriminating article from the
possession of the petitioner. Petitioner is in custody since
20.11.2025 having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the nature of offence against the petitioner, the
petitioner above-named, is directed to be enlarged 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 Court concerned, Patna in connection with Ram Krishna
Nagar P.S. Case No. 948 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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