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Patna High Court

Vipin Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Vipin Kumar Singh was arrested on 29‑04‑2024 in connection with a dacoity case (PS‑96/2024) and charged under IPC sections 399, 402, 414 and Arms Act sections 25(1B)(a), 26, 35. The police recovered a loaded country‑made pistol and several live cartridges and mobile phones from him and four others, and the prosecution alleged that the weapons were supplied by a co‑accused. The petitioner contended that the evidence was planted, that the seizure list was prepared by police witnesses in violation of Sections 103 and 105 of the Bihar National Security Act, 2023, and that he had been falsely implicated. He also pointed out that the charge was framed on 18‑12‑2024 and the trial had not progressed, resulting in an extended pre‑trial custody. The court, noting the lack of trial progress, the long period of detention and the seriousness of the procedural allegations, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with serious offences such as dacoity and violations of the Arms Act.
  • Whether alleged non‑compliance with Sections 103 and 105 of the Bihar National Security Act, 2023, affects the grant of bail.
  • Whether the length of pre‑trial custody and lack of trial progress justify bail.

Legislation cited

Subjects

  • bail
  • dacoity
  • Arms Act
  • pre‑trial detention
  • procedural lapse
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43314 of 2026
                    Arising Out of PS. Case No.-96 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Vipin Kumar Singh S/o Kailash Singh R/o Village - Ramchandra Dohaji, P.S -
                 Sarai, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajeev Ranjan
                 For the Opposite Party/s :      Mr. Rajendra Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.04.2024 in connection with Bhagwanpur P.S. Case No. 96 of

                   2024 for the offences punishable under Sections 399, 402, 414

                   of the IPC and Sections 25 (1B)(a), 26, 35 of the Arms Act.

                               3. The prosecution story in brief is that on 16.04.2024

                   one Samim Akhtar inspector-cum S.H.O. Bhagwantpur police

                   station give a written statement on 16.04.2024 in which he states

                   that he was on vehicle checking with police personals then

                   received an information that 5-6 persons are sitting at village

                   Syampur Mangalastan for committing Docaity, after informing

                   the senior officers, he constitute a police team and proceed on

                   the place and reached at 3:00 P.M. near Mangalastan, on seeing
Patna High Court CR. MISC. No.43314 of 2026(2) dt.06-07-2026
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          the police five person sitting on a chavutra at Mangalastan try to

          flee away, but apprehended by the police personals and officers

          and in presence of police witnesses they were searched and on

          enquiry they disclose their name as 1.Pankaj Kumar aged about

          22 years, son of Phokan Sani resident of village Imadpur, P.S.

          Bhagwanpur 2. Rakesh Kumar aged about 21 years son of

          Mohan Paswan resident of village Madhopur, P.S. Sarai, 3.

          Neeraj Kumar aged about 20 years son of Suresh Rai, resident

          of village Hansi cable P.S. Bagwanpur, 4. Neeraj Kumar alias

          Golu aged about 19 years son of Amardeep Sahni resident of

          village Imadpur P.S. Bhagwanpur District Vaishali, 5. Vipin

          Kumar Singh aged about 50 years son of late Kailash Singh,

          resident of village Ramchandra dohaji, P.S. Sarai, District

          -Vaishali. On search from the body of the apprehended persons

          a loaded country made katta with .315 bore cartridge was

          recovered from the of Intel vest of Pankaj Kumar and two

          mobile set one company and 2nd one is of Redmi has been

          recovered. From Rakesh Kumar 315 bore live cartridge and a

          Realmi company mobile were recovered. From Neeraj Kumar

          7.65 bore live cartridge and Vivo company mobile was

          recovered. From Neeraj Kumar alias Golu a Vivo mobile has

          been recovered. From Vipin Kumar Singh a loaded desi katta
Patna High Court CR. MISC. No.43314 of 2026(2) dt.06-07-2026
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          with 315 bore live cartridge was recovered. Accordingly seizure

          list has been prepared and handed over to each persons, on

          inquiry about the arms and mobiles they fail to produce any

          paper or license on further query about their gathering they

          initially refuse to state anything but after sometime Pankaj

          Kumar disclosed that one Abhay Sahni son of Shiv Chandra

          sahni, resident of village Raghunathpur P.S. Bhagwanpur

          District Vaishali call them to commit loot in the mini bank

          (customer service centre), who was here but a few minutes ago

          he went to talk with an informer and the arms recovered for

          them were also given by said Abhay Sahni and this statement

          has been supported by other apprehended persons, Pankaj also

          disclosed that the Redmi mobile recovered from him is looted

          article from Gajraul village of Mahua PS on 15.03.2024 he also

          disclosed that Rakesh and Abhay came together but before

          committing the crime they were apprehended.

                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          next submitted that it appears from the FIR and seizure list that

          that one looted country made pistol was recovered from the

          possession of the petitioner. Learned counsel for the petitioner

          submits that in fact nothing has been recovered from the
Patna High Court CR. MISC. No.43314 of 2026(2) dt.06-07-2026
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          possession of the petitioner rather the police has planted the

          same and shown that recovery has been made from the

          possession of the petitioner. It is next submitted that from

          perusal of the seizure list it appears that the seizure list

          witnesses are police personnel so there is non-compliance of

          mandatory provisions of Sections 103 and 105 of BNSS, 2023.

          Learned counsel for the petitioner next submits that charge has

          been framed against the petitioner on 18.12.2024 and petitioner

          is in custody since 29.04.2024 and the trial has not been

          progressed.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of two cases other than

          the present case but fairly submits that the petitioner is on bail in

          the pending matter.

                       6. Considering the aforesaid facts and circumstances

          and the fact that charge has been framed against the petitioner

          on 18.12.2024 and the trial has not been progressed as well as

          the period of custody, let the petitioner, above named, be

          released 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 District and Additional Sessions
           Patna High Court CR. MISC. No.43314 of 2026(2) dt.06-07-2026
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                     Judge Xth, Vaishali at Hajipur in connection with Bhagwanpur

                     P.S. Case No. 96 of 2024, subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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