Created by Fuzzy Cloud

Patna High Court

Vishal Kumar @ Ajay RayversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as there was no fresh ground to reconsider the earlier refusal.

Summary

Vishal Kumar, accused of offences under Sections 326, 307, 120B and 302 of the IPC and Section 27 of the Arms Act for an alleged contract killing, applied for bail. He contended that he was falsely implicated and that only co‑accused confessional statements linked him to the crime, with no other material evidence. The petitioner, who has 22 prior criminal cases and has been in custody since September 2023, had earlier been denied bail by the Apex Court in SLP(Crl.) No.9375 of 2024. The State opposed bail, noting that the trial involves 13 accused, the prosecution has finished its case and defence witnesses are being examined, with the trial expected to conclude within two months. The Court found no fresh ground to revisit the bail issue and consequently rejected the bail application.

Issues considered

  • Whether bail should be granted to the petitioner given the seriousness of the offences, his criminal antecedents, and the stage of trial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • contract killing
  • criminal antecedents
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4313 of 2026
                      Arising Out of PS. Case No.-632 Year-2023 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Vishal Kumar @ Ajay Ray, Son of Mohan Ray, aged about 38 years,
                 Resident of Bal Kishun Complex, Near Central Bank, Rajeev Nagar, P.S.-
                 Rajeev Nagar, District- Patna Presently resident at Mohalla - Kurji Balu Par,
                 PS- Digha, Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Bharti, Advocate
                                                  Mr. Raghav Kumar, Advoate
                                                  Mr. Akash Raj, Advocate
                 For the Opposite Party/s :       Ms. Dr. Indiwar Kumari, APP
                                                  Mr. Ratnakar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

4   18-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is in custody in a case registered for

                   the offence punishable under Sections 326, 307, 120B and 302

                   of the Indian Penal Code and Section 27 of the Arms Act.

                                 3. As per allegation in the FIR, it is case of contract

                   killing and the petitioner along with other co-accused persons

                   came on motorcycles and shot the brother of the informant,

                   thereafter he died.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case. He next
          Patna High Court CR. MISC. No.4313 of 2026(4) dt.18-03-2026
                                                      2/2




                    submits that save and except, the confessional statement of co-

                    accused persons, there is no other material on recorded to show

                    the complicity of the petitioner in the alleged occurrence.

                    Petitioner has got twenty two criminal antecedents as stated in

                    para-3 of the petition and he is in custody since 16.09.2023. He

                    next submits that earlier the prayer for bail of this petitioner was

                    rejected by the Apex Court in SLP(Crl.)No.9375 of 2024.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. From perusal of the Status report of learned trial

                    Court dated 07.03.2026, it appears that there are total 13

                    accused persons facing trial and prosecution has concluded its

                    argument and the defence witnesses are going on and the trial is

                    likely to be concluded within two months, if both sides co-

                    operate, so there is no no fresh ground to reconsider the prayer

                    for bail of this petitioner.

                                 7. Accordingly, the prayer for bail of the petitioner is

                    hereby rejected.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.