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Patna High Court

Vicky Kumar @ Vicky PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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