Patna High Court
Vikash kumar @ Vikash Singh @ Dikesh Kumar @ Dikesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
The petitioner, Vikash Kumar and co‑accused, were charged under Sections 302, 34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act for a murder case. He has been in custody since 5 January 2024 and applied for bail. The informant’s counsel noted that all prosecution witnesses had been examined and the prosecution had not sought a closure of evidence order, but now indicated no further evidence would be produced. The court observed that the trial was on the verge of completion and, despite the prosecution’s stance, was not inclined to grant bail. Consequently, the bail application was dismissed, with the court clarifying that this dismissal would not affect the final trial outcome.
Issues considered
- Whether bail should be granted in a murder and conspiracy case when the trial is near completion
- Whether the absence of a prosecution closure order and the prosecution’s decision not to adduce further evidence justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- Arms Act
- criminal procedure
- trial completion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30010 of 2025
Arising Out of PS. Case No.-630 Year-2023 Thana- MANER District- Patna
======================================================
Vikash kumar @ Vikash Singh @ Dikesh Kumar @ Dikesh Singh S/o
Devendra Singh @ Devendra Prasad Singh Resident of village- Tikaitpur,
P.s.- Neura, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Sr. Adv.
Mr.Shivam
For the Opposite Party/s : Mr.Navin Kumar Pandey
Mr. Jharkhandi Upadhyay
For the Informant : Mr. Sanjeev Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
11 03-04-2026 Heard the parties.
2. The petitioner seeks bail in connection with Maner
P.S. Case No. 630 of 2023 registered for the offence under
Sections 302, 34 and 120(B) of the Indian Penal Code and under
Section 27 of the Arms Act.
3. The petitioner is in custody since 5.1.2024.
4. At the very outset, it has been submitted by the
learned counsel for the informant that all the prosecution
witnesses have been examined but no order has been passed
regarding closure of evidence on behalf of the prosecution. He
further submits that now the prosecution does not want to
adduce any other evidence.
Patna High Court CR. MISC. No.30010 of 2025(11) dt.03-04-2026
2/2
5. In view of the fact that trial is on the verge of
completion, this Court is not inclined to grant bail to the
petitioner.
6. Accordingly, this application is dismissed.
7. It is made clear that dismissal of the bail
application will not be an impediment in the final outcome of
the trial.
(Sandeep Kumar, J)
Vikas/-
U
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