Patna High Court
Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Vikash Singh, was arrested in connection with a police‑encounter in which he and co‑accused allegedly opened fire on police, resulting in injury to one accused and seizure of a rifle and live cartridges. He faces charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences relating to unlawful assembly, waging war against the state, and attempts to murder, as well as several provisions of the Arms Act. The petitioner, who has been in custody since 21‑Nov‑2025 and has two prior criminal antecedents, applied for regular bail. The court examined the seriousness of the offences, the prima facie evidence of his involvement, and the risk to public order. Considering the gravity of the allegations and the presence of prima facie material, the court declined to grant bail. The bail application was therefore dismissed, with the court noting that its observations are limited to the bail proceeding and will not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case involving armed assault on police and multiple serious offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 121(1), 121(2), 125(a), 132, 310(4), 310(5)
Subjects
- bail
- criminal procedure
- firearms
- assault on police
- serious offences
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40583 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Vikash Singh S/o Late Ramanand Singh R/o Village- Barahpur, Ward No 4,
PS- Mokama, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Teghra P.S. Case No. 373 of 2025 registered for the offence
under Sections 111, 310(4), 310(5), 121(1), 121(2), 132, 109,
and 125(a) of the Bharatiya Nyaya Sanhita, 2023 and Section
25(1-B)(a), 25(1-AA), 26, 27 and 35 of the Arms Act.
3. The allegation against the petitioner is that when
the police party proceeded to arrest an accused person, the
petitioner, along with other co-accused armed with firearms,
opened fire at the police party. During the course of the incident,
one of the accused persons sustained injuries, while three others
were apprehended. It is further alleged that a rifle and five live
cartridges were recovered from the possession of the petitioner.
Patna High Court CR. MISC. No.40583 of 2026(2) dt.24-06-2026
2/2
4. The petitioner is in custody since 21.11.2025 and
has two criminal antecedents. The allegations against the
petitioner are serious and grave in nature. There exists prima
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the nature and the gravity of the
offence and the allegation levelled against the petitioner, this
Court is not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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