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Patna High Court

Vivek Kumar @ Golu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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