Patna High Court
Vivek Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding insufficient grounds to deny his release.
Summary
Vivek Kumar (alias Golu Kumar) was arrested in connection with a shooting incident alleged under Sections 126(2), 127(2), 103, 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that several persons, including Ranjeet Kumar, fired at the informant’s son, causing serious injury. The petitioner contended that he was only a member of the mob and no overt act was attributed to him, highlighting his clean record and that he had been in judicial custody since 30‑10‑2025. The informant opposed bail. After hearing both sides, the Court found the petitioner’s claim of lack of direct participation credible and, noting that a co‑accused had already been granted bail, ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner, alleged only to be a member of the mob with no overt act, is entitled to bail despite the seriousness of the offences.
- Whether the grant of bail to another accused in the same case influences the bail decision for the petitioner.
Legislation cited
Subjects
- bail
- criminal procedure
- arms act
- mob participation
- shooting incident
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20801 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Vivek Kumar @ Golu Kumar S/O Late Satish Kumar @ Satish Singh
Resident of Village- Majlishpur, Alipur Hatta, P.S- Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Shankar Prasad, Advocate
For the State : Mr. Shyam Kumar Singh, APP
For the Informant : Mr. Nikhilesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection with
Jandaha P.S. Case No.347 of 2025 registered for the offence
punishable under Sections 126(2), 127(2), 103, 61(2) & 3(5) of
B.N.S. and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that Ranjeet
Kumar fired at the head of the informant’s son. After that Manjeet
Kumar fired at the chest of the informant’s son. It is further stated
that Ashish Kumar and Sonu Kumar also fired which miss the
informant’s son.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from perusal of the FIR it is clear that though
the petitioner has been arrayed in FIR in the list of the accused
Patna High Court CR. MISC. No.20801 of 2026(2) dt.02-04-2026
2/2
persons but no overt act is alleged against him. Learned counsel
for the petitioner has further submitted that the petitioner is only
member of the mob. It has further been submitted that one
Ramanand Chaudhary against whom there is allegation of
exhorting has been granted bail by the learned Co-ordinate Bench
of this Court vide Cr. Misc. No. 663 of 2026. The case of this
petitioner stands on better footing. Learned counsel for the
petitioner has submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 30.10.2025.
5. The application for bail is opposed by learned
counsel for the Informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the court of learned
A.C.J.M.-II, Vaishali at Hajipur in connection with Jandaha P.S.
Case No.347 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.