Patna High Court
Vicky Kumar @ Vicky PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a Rs.10,000 bond with two sureties and specified conditions.
Summary
Vicky Kumar, arrested in connection with a FIR alleging offences under Sections 109, 126(2), 115(2), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, sought bail after being in custody since 30 July 2025. The prosecution argued that the petitioner was involved in the shooting of an informant, citing confessional statements of co‑accused and technical analysis placing him at the scene. The petitioner’s counsel contended that he has a clean antecedent, was initially not named in the FIR, and that no specific accusation or TIP had been made against him. The court examined the material on record, the seriousness of the charges, and the petitioner’s cooperation prospects, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding appearance, evidence tampering, and verification of antecedents. The bail order was directed to be implemented by the lower court without delay for verification.
Issues considered
- Whether bail can be granted to an accused facing serious offences under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the absence of a specific accusation in the FIR or a TIP precludes the grant of bail.
- Whether confessional statements of co‑accused and technical evidence necessitate denial of bail.
- What conditions may be imposed on bail in such circumstances.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- technical analysis
- investigation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27815 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Vicky Kumar @ Vicky Paswan son of Ramshwarup Paswan Resident Of
Village- Bhatkhurha, Ps- Sherghati, Dist- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
For the Informant : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-05-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for
the petitioner, Mr. Dinkar Kumar, learned counsel for the
Informant and Mr. Nagendra Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
30.07.2025, in connection with Sherghati P.S. Case No. 337 of
2025, F.I.R. dated 20.07.2025 registered for the offences
punishable under Sections 109, 126(2), 115(2), 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the informant states that
three accused persons on a motorcycle overtook him. Thereafter, it
is stated that Danish Ekbal fired upon him. Though the informant
made an attempt to escape, one of the shots fired by Danish Ekbal
hit the informant causing serious injuries.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
Patna High Court CR. MISC. No.27815 of 2026(3) dt.15-05-2026
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in the present case. He further submits that initially the petitioner
was not named in the F.I.R. and the name of the petitioner has
been transpired during investigatin on the basis of confessional
statement of co-accused person and thereafter the petitioner has
confessed his guilt in the present occurrence and apart from that
duirng investigation the date dump analysis was conducted by the
technical divison of the prosecution and it was found that the
petitioner was present at the place of occurrence. Learned counsel
for the petitioner submits that it appears from the F.I.R. as well as
statement of the injured person, there is no specific accusation
against the petitioner and till date no TIP was conducted by the
prosecution. He further submits that the police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 30.07.2025.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State has vehemently opposed
the prayer for bail of the petitioner and submits that it has come
during investigation that the petitioner was involved in the present
crime in question and apart from that the petitioner and other co-
accused persons have confessed their guilt in the present
occurrence.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.27815 of 2026(3) dt.15-05-2026
3/3
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. 1st, Sherghati, Gaya in connection with Sherghati P.S.
Case No. 337 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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