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Patna High Court

Vikash kumar @ Vikash Singh @ Dikesh Kumar @ Dikesh SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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