Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Vikash Kumar, was arrested in connection with a case registered under sections 137(2), 308 and 3(5) of the B.N.S., involving a ransom demand. He pleaded innocence, asserted a clean record, and highlighted that co‑accused Ram Pravesh Kumar and Kashmir Kumar had been granted bail in similar circumstances. The State opposed the bail application. The Court, noting the similarity to the earlier bail orders and the petitioner’s cooperation, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties. The Court clarified that its order was limited to bail and did not express any view on the merits of the underlying criminal charges.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 137(2), 308 and 3(5) of the B.N.S.
- Whether the grant of bail to similarly situated co‑accused persons warrants the grant of bail to the petitioner
Subjects
- bail
- criminal procedure
- sections 137(2) B.N.S.
- section 308 B.N.S.
- section 3(5) B.N.S.
- co‑accused
- similar cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2212 of 2026
Arising Out of PS. Case No.-353 Year-2025 Thana- BARACHATTI District- Gaya
======================================================
Vikash Kumar S/o Yogendra Prasad Resident of Village- Tetariya Khurd, P.S.-
Barachatti, Distt.- Gaya
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar, Advocate
For the State : Ms. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Barachatti P.S. Case No. 353 of 2025 registered for the offences
punishable under section 137(2), 308, 3(5) of B.N.S.
3. As per the prosecution case, informant
received a call on his mobile and the caller claimed to have his
son and demanded Rs. 1,00,000/- as ransom.
4. Learned counsel for the petitioner submits
that petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has clean
antecedent and he is in custody since 09.10.2025. The petitioner
undertakes to co-operate in the case/ trial.
5. Learned counsel for the petitioner also
submits that similarly situated co-accused persons, namely, Ram
Patna High Court CR. MISC. No.2212 of 2026(3) dt.31-03-2026
2/2
Pravesh Kumar and Kashmir Kumar have been granted bail by
this Court vide orders dated 24.03.2026 and 25.03.2026 passed
in Criminal Miscellaneous Nos. 371 of 2026 and 3111 of 2026.
6. Learned APP for the State has opposed the
prayer for regular bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the fact that similarly situated co-accused
persons have been granted bail by this Court, this application for
regular bail is allowed.
8. Accordingly, let the petitioner, above named,
be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-II, Sherghati, Gaya /
concerned Court below in connection with Barachatti P.S. Case
No.353 of 2025.
9. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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