Patna High Court
Vikash Singhania @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail petition was dismissed, denying the petitioner the privilege of bail.
Summary
Vikash Singhania petitioned for bail in a case registered as Gaurichak P.S. Case No. 752 of 2024, wherein he was charged under Sections 109, 238(b) and 351(3) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly threatening an informant and firing a pistol at him multiple times, causing six firearm injuries. The prosecution alleged that the petitioner shot the informant's abdomen, wrist and thigh, and that the petitioner has four prior criminal cases. The petitioner claimed innocence, arguing that he was falsely implicated due to village politics and that no other witness corroborated the prosecution's case. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s criminal antecedents. After considering the injury report, the nature of the offences and the petitioner’s prior record, the Court held that the petitioner does not merit the privilege of bail and rejected the bail application.
Issues considered
- Whether bail should be granted to the petitioner in light of the seriousness of the offences under the B.N.S. 2023 and the Arms Act and his prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 238(b), 351(3)
Subjects
- bail
- criminal procedure
- arms act
- firearm injuries
- criminal antecedent
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49601 of 2025
Arising Out of PS. Case No.-752 Year-2024 Thana- GAURICHAK District- Patna
======================================================
Vikash Singhania @ Vikash Kumar S/O Late Umesh Rai R/O Vill. and P.S.-
Gaurichak, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gaurichak P.S. Case No. 752 of 2024 registered for the offence
punishable under Sections-109, 238(b) and 351(3) of B.N.S.
2023 as also Section-27 of the Arms Act.
3. As per prosecution case, some money of the
informant, Praduman Kumar was due with Nitish and Sudhir.
The petitioner is said to have threatened him and asked not to
demand the money from Nitish and Sudhir. Thereafter, he fired
with pistol, which hit the abdomen of the informant. The second
shot fired by the petitioner hit the wrist of left hand whereas
third and fourth shot hit the thigh of the informant. The
Patna High Court CR. MISC. No.49601 of 2025(4) dt.31-01-2026
2/2
petitioner opened fifth fire also but the same was missed.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. Except the informant, none has supported the
prosecution case. The petitioner is the co-villager and due to
dirty village politics, he has been implicated in the present case.
5. Learned APP has opposed the prayer for bail.
6. Perusal of the injury report shows six fire-arm
injuries on the person of the informant. The petitioner has got
criminal antecedent of four cases.
7. Considering the aforesaid facts and circumstances,
the petitioner does not deserve the privilege of bail and
accordingly, the same is rejected.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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