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Patna High Court

Vicky Kumar @ Shivam RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Vicky Kumar, applied for regular bail in a case registered under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, alleging he fired upon the deceased. The prosecution presented direct allegations and witness testimony supporting the charge, and the petitioner has been in custody since August 9, 2024. The court examined the nature and gravity of the offences, the specific allegations, and the material on record. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court noting that its observations are prima facie and limited to the bail application.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case under IPC Section 302 and Arms Act Section 27

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • Arms Act 27
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21822 of 2026
                       Arising Out of PS. Case No.-5 Year-2019 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Vicky Kumar @ Shivam Raj S/O Shiv Shankar Rai @ Kutumbra R/O Village
                 - Jai krisana Road Gorahatta Patna City, P.S- Khajekalan, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindeshwar Prasad Singh
                 For the Opposite Party/s :       Mr. Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khajekalan P.S. Case No. 5 of 2019 registered for the offence

                   under Section 302 of the Indian Penal Code and Section 27 of

                   the Arms Act.

                                3. The petitioner is alleged to be the assailant of the

                   deceased and is said to have fired upon him. There is a direct

                   and specific allegation against the petitioner. All the witnesses

                   examined so far have supported the prosecution case. The

                   petitioner is in custody since 09.08.2024.

                                4. Considering the nature and gravity of the offence,

                   the specific allegation against the petitioner, and the materials

                   available on record, this Court is not inclined to grant bail to the
            Patna High Court CR. MISC. No.21822 of 2026(2) dt.07-04-2026
                                                        2/2




                      petitioner.

                                    5. Accordingly, this application for regular bail stands

                      rejected.

                                    6. 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

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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