Patna High Court
Vikash Sah @ Vikash SawversusThe 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 strict conditions.
Summary
Vikash Sah was arrested on 2 November 2025 in connection with a shooting incident alleged to have occurred on 30 October 2025, for which he was charged under Sections 109, 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, shot the victim, stole his mobile and motorcycle, and transferred Rs. 50,000 via phone pay. The petitioner contended that the FIR made no specific allegation against him, that the charges were omnibus, and that the money‑transfer allegation was ornamental, seeking bail. The Additional Public Prosecutor opposed bail, citing the petitioner’s presence in the FIR and a prior criminal antecedent for which he was on bail. The court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyay Sanhita and the Arms Act.
- Whether the lack of specific allegation in the FIR against the petitioner warrants bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 303(2), 3(5)
Subjects
- bail
- criminal antecedent
- omnibus allegation
- Arms Act
- Bharatiya Nyay Sanhita
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29495 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Vikash Sah @ Vikash Saw Son of Mahadev Sah @ Mahadev Sah R/O Vill-
Manmohan, P.S.- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Ashok Kumar Alias Ashok Karn, learned
counsel for the petitioner as well as Mr. Sanjay Kumar Pandey,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.11.2025 in connection with Basopatti P.S. Case No. 266 of
2025, F.I.R. dated 01.11.2025 for the offences punishable under
Sections 109, 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023
and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 30.10.2025 at about 6.30 P.M, his father had
gone to visit the school ground next to his house. At 7.00 P.M,
he received information that his father is lying in critical
condition. Thereafter, the informant went there and taken his
father to hospital for treatment. Informant’s father told him that
Patna High Court CR. MISC. No.29495 of 2026(2) dt.04-05-2026
2/3
the petitioner along with other accused person shot him on his
head and also snatched his mobile and motorcycle and further
transferred Rs. 50,000/- through phone pay.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. From bare perusal of the FIR it appears that
informant’s father has nowhere stated that who has fired upon
him so there is no specific allegation against anyone and
allegation levelled against the petitioner and other accused
persons appears to be general and omnibus in nature. He next
submits that the allegation of transferring Rs. 50,000/- also
appears to be ornamental in nature. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 02.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner is named in the FIR and apart from that
he carries one criminal antecedent in which he is on bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Patna High Court CR. MISC. No.29495 of 2026(2) dt.04-05-2026
3/3
Madhubani in connection with Basopatti P.S. Case No. 266 of
2025, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…