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Patna High Court

Vikash Mehta @ Anish Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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