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Patna High Court

Vikash Kumar @ Vikas KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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/-

U      T


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