Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied to the petitioner.
Summary
Vicky Kumar applied for bail in a case involving murder and illegal arms charges under Sections 103 and 238 of the B.N.S, 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act. The FIR did not name him; his alleged involvement emerged only from confessional statements of co‑accused and the recovery of a stolen tempo and other items from his house. The State and the informant opposed bail, arguing the material recovered and co‑accused testimonies indicated his participation. The Court found the evidence sufficient to deny bail, noting the seriousness of the offences, and ordered the trial court to expedite the trial within one year. Consequently, the bail petition was dismissed.
Issues considered
- Whether bail should be granted to the petitioner given that the only evidence against him consists of co‑accused confessional statements and recovered stolen property.
- Whether the nature of the offences under the B.N.S and Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- B.N.S., 2023 — s. 103, 238
Subjects
- bail
- murder
- arms act
- confessional statements
- recovery of stolen property
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66771 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Vicky Kumar S/o Virendra Mahto @ Virendra Kumar @ Bilendra Mahto
Resident of Math Laxmanpur, Koiri Tola, P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sarvottam Kumar, Advocate
For the State : Mr. Rajendra Singh Shastri, APP
For the Informant : Mr. Adarsh Gaurav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 12-02-2026 Heard learned counsel for the petitioner, learned A.P.P
for the State and learned counsel for the informant
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 and 238 of the B.N.S,
2023 and Sections 25(1-b)a, 26 and 27 of the Arms Act.
3. As per prosecution case, informant’s son was shot
dead by some unknown for which FIR was registered against
unknown.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner is not named in the FIR. During course of
Patna High Court CR. MISC. No.66771 of 2025(5) dt.12-02-2026
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investigation, name of this petitioner has surfaced in this case
only on the basis of confessional statement of co-accused
persons and save and except the same, there is no other material
on record to show the complicity of this petitioner in the alleged
offence. Moreover, charge-sheet has already been submitted and
petitioner, having no criminal antecedents, is in custody since
24.05.2025.
5. However, learned A.P.P. for the State and learned
counsel for the informant have vehemently opposed the prayer
for bail of the petitioner and submitted that during course of
investigation, stolen tempo of the deceased, along with other
stolen articles, were recovered from the house of this petitioner.
It is further submitted that other co-accused persons have also
named this petitioner as one of the assailant of the deceased.
6. Considering the facts and circumstances of the
case, nature of accusation and materials surfaced during course
of investigation, the prayer for grant bail of to the petitioner is
rejected.
7. However, considering the fact that petitioner is in
custody since 24.05.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
Patna High Court CR. MISC. No.66771 of 2025(5) dt.12-02-2026
3/3
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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