Patna High Court
Vikash Mehta @ Anish Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner subject to the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Vikash Mehta, sought bail in a case arising from a gang clash that involved assault and firearm discharge, with charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) and section 27 of the Arms Act. The petitioner claimed innocence, arguing that the allegations were vague, there were no eyewitnesses, no incriminating material was found in his possession, and he had a clean antecedent. The State opposed the bail application, contending the seriousness of the offences. The court examined the lack of specific evidence linking the petitioner to the alleged acts and considered his clean record. Relying on section 482(2) of the BNS, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions, and ordered release within eight weeks.
Issues considered
- Whether the petitioner is entitled to bail despite charges under sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 109(1) and 352 of the BNS and section 27 of the Arms Act.
- Whether the evidence on record is sufficient to deny bail.
- Whether section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115, 118, 126, 190, 191, 352, 482
Subjects
- bail
- criminal procedure
- clean antecedent
- suspicion
- gang violence
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37760 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Vikash Mehta @ Anish Kumar @ Vikash Kumar Son of Late Munna Mehta
@ Munna Singh Resident of Village - Veda, P.S.- Sasaram, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191(2), 191(3), 190,
126(2), 115(2), 118(2), 109(1) and 352 of BNS and section 27
of Arms Act.
3. As per F.I.R., a gang war took place between two
groups in which both parties assaulted and fired pistols on each
other.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
is general and omnibus against this petitioner. No specific overt
act is alleged against this petitioner. Only suspicion has been
raised that this petitioner was involved in the alleged
Patna High Court CR. MISC. No.37760 of 2026(2) dt.25-06-2026
2/2
occurrence. There is no eye witness to the occurrence and no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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.,
Sasaram, Rohtas, in connection with Sasaram (Town) P.S. Case
No. 852 of 2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.