Patna High Court
Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Vipin Kumar and Vikki Kumar, sought anticipatory bail fearing arrest in a case (Bachhwara P.S. Case No.398 of 2025) involving offences under Sections 115(2), 126(2), 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleges that the petitioners, in collusion, assaulted an informant and his family and shot the informant’s father, causing injury. The petitioners contend they are innocent, claim false implication, and argue that only a minor lathi assault is alleged against one of them. The State opposed bail, highlighting the assault allegations. The High Court, after hearing both sides, declined to grant anticipatory bail, directing the trial court to consider a regular bail application if the petitioners surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- assault
- arms act
- false implication
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38031 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
1. Vipin Kumar son of Rampravesh Rai Resident of Village- Samsipur, Diyara,
Police Station- Bachhwara, District -Begusarai
2. Vikki @ Vikki Kumar @ Vivek Kumar son of Rampravesh Rai Resident of
Village- Samsipur, Diyara, Police Station- Bachhwara, District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Prasad, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 17-06-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Bachhwara P.S. Case No.398 of 2025 under Sections 115(2),
126(2), 109 and 3(5) of the BNS, 2023 read with Section 27 of
the Arms Act which is pending before the Court of Chief
Judicial Magistrate, Begusarai.
3. As per the prosecution, the FIR has been lodged
against 4 named and one unknown accused persons including
the petitioners against whom there is allegation that they in
connivance with each other, assaulted the informant and his
family members due to which injury has been caused. The
further allegation is to shot by bullet to father of the informant
due to which his father was admitted to hospital for treatment.
Patna High Court CR. MISC. No.38031 of 2026(2) dt.17-06-2026
2/2
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that the petitioners have been falsely implicated
in the present case. The only allegation against the petitioner
No.2 is that he has assaulted by lathi to the informant.
5. Learned Counsel also submits that antecedent of
the petitioners is clean and there is general and omnibus
allegation against the petitioners.
6. Learned APP for the State opposes the prayer for
bail, but fairly submits that there is allegation of assault against
the petitioners.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioners,
therefore the bail application of the petitioners is hereby
rejected.
8. However, Trial Court is directed to consider the
regular bail application of the petitioners, if they surrender
within 4 weeks from today and prays for regular bail, then trial
court shall pass order without being prejudice of the present
order preferably on the same day.
(D. Anshuman, J)
Prakashmani/-
U
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