Patna High Court
Vikash Kumar @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Vikash Kumar was arrested in connection with a murder that occurred on 27‑04‑2025, where the son of an informant was shot dead in an orchard. The prosecution’s case rests primarily on the confessional statement of co‑accused Chunchun Kumar, who alleged that Kumar and another person fired at the victim, and on the testimony of several witnesses. The petitioner’s counsel argued that the accusation is false and that no material evidence besides the co‑accused’s confession links the petitioner to the crime. The Additional Public Prosecutor opposed bail, emphasizing the confession and supporting witness statements. The court, after considering the circumstances and the strength of the prosecution’s evidence, declined to grant bail, refusing the petitioner’s prayer.
Issues considered
- Whether bail should be granted to the petitioner given the reliance on a co‑accused’s confessional statement and other witness testimony.
Legislation cited
Subjects
- bail
- murder
- confessional statement
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29444 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Vikash Kumar @ Vikas Kumar S/o Sakaldev Singh @ Dhoro Singh R/o
Village - Shobhani Jahangira, P.S - Khagaria (Gangaur), District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Seema Kumari
For the Opposite Party/s : Mr. Anil Kumar
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.10.2025 in connection with Khagaria P.S. Case No. 136 of
2025 for the offences punishable under Sections 103(1) and 3(5)
of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution in brief is that the son
of the Informant namely Rampravesh Kumar was sleep in his
room. Dated on 27.04.2025 at about 11:00 PM any unknown
person called by phone and killed by gun shot in the orchard of
Gopitol Goryari Gachhi. In the morning Informant received
Information by the villagers the he went and saw that his son
dead by Gunshot Injury. Inform to the Gangaur Police they
came and Postmortem done in the Sadar Hospital Khagaria.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner next submits that name of the
Patna High Court CR. MISC. No.29444 of 2026(3) dt.08-07-2026
2/2
petitioner has transpired in the present case on the basis of
confessional statement of co-accused person, namely, Chunchun
Kumar and except the aforesaid nothing has come during the
investigation to suggest the involvement of the petitioner in the
present occurrence.
5. The learned Additional Public Prosecutor for the
State on the basis of materials available on record and the case
diary has vehemently opposed the prayer for bail of the
petitioner and submits that co-accused person, namely,
Chunchun Kumar has confessed that the petitioner and Rishabh
Kumar have fired upon the victim and he has died. Apart from
aforesaid, a number of witnesses have supported the case of the
prosecution.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Khagaria P.S. Case No. 136 of 2025 pending in
the court of learned Additional Sessions Judge II, Khagaria.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
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