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Patna High Court

Vikky SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions of cooperation with the trial.

Summary

Vikky Sah petitioned for regular bail in a case registered under Sections 147, 148, 149, 326 and 307 of the Indian Penal Code, alleging that he had thrown acid on an informant and his brother. The prosecution contended that the offences involved rioting, attempt to murder and causing grievous hurt. The petitioner claimed the case was false, stating his father had been killed by the accused persons and that he had been in custody since 21‑11‑2025. The Court examined the facts, the seriousness of the charges and the petitioner's claim of a false case. It ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties and directed him to cooperate with the trial, warning that non‑compliance would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 147, 148, 149, 326 and 307 of the IPC
  • Whether the alleged false nature of the case warrants bail

Legislation cited

Subjects

  • bail
  • acid attack
  • IPC
  • rioting
  • attempt to murder
  • criminal procedure
  • bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22909 of 2026
                       Arising Out of PS. Case No.-49 Year-2024 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Vikky Sah son of Late Kaptan Sah Resident of village- Machhagar Jagdish,
                 Ps- Hathua, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Brahmaputra Singh Ishu, Advocate
                                                   Ms.Poonam Kumari, Advocate
                 For the Opposite Party/s :        Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   03-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Hathua

                   P.S. Case No. 49 of 2024 registered for the offence punishable

                   under Sections 147, 148, 149, 326 and 307 of the Indian Penal

                   Code.

                                 3. As per the prosecution case, the petitioner is said to

                   have thrown acid on the informant and his brother.

                                 4. It has been submitted by learned counsel for the

                   petitioner that the father of the petitioner was killed by the

                   accused persons and a false case has been filed. The petitioner is

                   in custody since 21.11.2025.

                                 5. Learned APP appearing for the State opposes the
              Patna High Court CR. MISC. No.22909 of 2026(2) dt.03-04-2026
                                                          2/2




                        prayer for regular bail of the petitioner.

                                      6. Considering the aforesaid facts and circumstances

                        of the case and submissions of learned counsel for the parties,

                        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 C.J.M.,

                        Gopalganj/concerned Court in connection with Hathua P.S. Case

                        No. 49 of 2024.

                                      7. As a condition of this order, the petitioner, after

                        being released on bail is directed to co-operate in the trial either

                        by appearing personally or through his lawyer in the trial Court

                        on each and every date fixed in the trial. Noncompliance of the

                        condition will result in cancellation of the bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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