Created by Fuzzy Cloud

Patna High Court

Vikash Sah @ Vikash SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.