Patna High Court
Vikash Kumar @ Jila Rai @ Vikash Kumar Jila RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted due to the gravity of the offences.
Summary
Vikash Kumar was arrested in connection with a case involving murder and several other offences under the Indian Penal Code and the Arms Act. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State opposed the bail, asserting that the petitioner was one of the assailants. The court examined the seriousness of the charges, including murder, and concluded that the gravity of the offences outweighed the petitioner's arguments. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused of murder and other serious offences under the IPC and Arms Act
- Whether the gravity of the offences precludes the grant of regular bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 504, 506
Subjects
- bail
- murder
- Indian Penal Code
- Arms Act
- gravity of offence
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26846 of 2026
Arising Out of PS. Case No.-199 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Vikash Kumar @ Jila Rai @ Vikash Kumar Jila Ray S/o Shatrudhan Ray R/o
Village- Jitwarpur Chouth, Ward No. 17, P.s.- Mufassil, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Samastipur Muffasil P.S. Case No. 199/2024 registered for the
offences punishable under Sections 147, 148, 149, 323, 504,
506, 307 and 302 of I.P.C. and Section 27 of Arms Act.
3. As per the prosecution case, petitioner along with
others is accused of killing the deceased.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 13.06.2024. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.26846 of 2026(2) dt.06-05-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that petitioner is
one the assailants of the deceased.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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