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Patna High Court

Vicky Patel @ Binay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted as the petitioner was not named in the FIR and the confession of a co‑accused was insufficient to deny bail.

Summary

Vicky Patel applied for bail in a case registered under Sections 307 and 34 of the IPC and Section 27 of the Arms Act for allegedly firing on an informant. The petitioner was not named in the FIR; his name appeared only in the confessional statement of co‑accused Saurav Kumar, who had earlier been granted bail. The State opposed the bail on the ground of the seriousness of the offences. The Court noted that the petitioner’s absence from the FIR and the prior bail granted to the co‑accused weakened the prosecution’s case for denial of bail. Accordingly, the Court ordered the release of the petitioner on a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted when the accused is not named in the FIR but is implicated through a co‑accused’s confession.
  • Whether the seriousness of offences under Sections 307, 34 IPC and 27 Arms Act precludes bail.

Legislation cited

Subjects

  • bail
  • attempt to murder
  • arms act
  • confession
  • co‑accused
  • Criminal Procedure Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29994 of 2026
                       Arising Out of PS. Case No.-43 Year-2022 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Vicky Patel @ Binay Kumar S/o Late Kalyan Singh R/o - Jajak Toli, Nai
                 Sardk, P.S - Chowk District - Patna


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nagendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Alamganj P.S. Case No.

                   43 of 2022 registered for the offences punishable under Sections

                   307/34 of the IPC and Section 27 of Arms Act.

                               3. The allegation is of firing upon the informant who

                   received gunshot injury in the stomach.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. He has been made accused in

                   confessional statement of one of the co-accused Saurav Kumar

                   @ Suraj who has been granted bail by a co-ordinate Bench of

                   this Court vide order dated 14.07.2022 passed in Cr. Misc. No.

                   39638 of 2022. There is no recovery from him.
     Patna High Court CR. MISC. No.29994 of 2026(2) dt.06-05-2026
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           5. Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

           6. Considering that the petitioner is not named in the

FIR and on whose confession the name of the petitioner

transpired has been granted bail by a Co-ordinate Bench of this

Court, this Court is inclined to grant bail to the petitioner.

           7.    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 learned

Additional Chief Judicial Magistrate-VI, Patna City,

Patna in connection with Alamganj P.S. Case No. 43 of

2022, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure /

Section 482(2) of the Bhartiya Nagarik Suraksha

Sanhita.

           9. It is made clear that any observation made

herein is prima facie in nature and limited solely for

the purpose of            adjudication of             the    present    bail

application. Such observations shall not be construed

as an expression on the merits of the case and shall not

influence the trial or any other proceedings in any
              Patna High Court CR. MISC. No.29994 of 2026(2) dt.06-05-2026
                                          3/3




           manner.



                                         (Ansul, J)
Vikash/-

U      T


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