Patna High Court
Vicky Kumar @ Shivam RajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302
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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