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Patna High Court

Vikas Kumar @ Vikash Kumar @ Vikas SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, sureties, and conditions prescribed under Section 480(3) of the B.N.S.

Summary

The petitioner, Vikas Kumar, was arrested in connection with a case alleging assault, robbery, and illegal discharge of a firearm under multiple sections of the Bihar Negotiable Instruments Act (B.N.S.) and Section 27 of the Arms Act. The prosecution alleged that the petitioner and co‑accused attempted to construct a house on the informant’s land, assaulted the informant and his brothers, looted maize, and fired a weapon that missed. The petitioner contended that the allegations of firing and specific assault were not directed at him and were general against all accused. The State opposed bail, highlighting a grievous head injury to the informant. Considering the non‑specific nature of the allegations against the petitioner, the period of custody, and the submission of the charge sheet, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S. and additional personal conditions. The bail order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the petitioner despite serious charges of assault, robbery, and illegal discharge of a firearm.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115, 117, 126, 190, 191, 303, 351, 352, 480

Subjects

  • bail
  • criminal procedure
  • assault
  • robbery
  • arms act
  • non‑specific allegations
  • section 480(3) B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66823 of 2025
                     Arising Out of PS. Case No.-180 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Vikas Kumar @ Vikash Kumar @ Vikas Singh Son of Vigul Singh @ Ranjay
                 Singh Resident of village - Mohanpur Ward No.- 10, P.S.- Choutham, District
                 - Khagaria, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Naresh singh S/o late Surendra Pd. Singh R/o Vill Mohanpur Ward No 10
                 P,S. Chautham Distt Khagaria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Seema Kumari, Advocate
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Chautham P.S. Case No. 180 of 2025 registered

                   for the alleged offences under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 117(2), 109, 303(2), 352, 351(2), 351(3) of

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, the petitioner and 14 other

                   co-accused persons came to the homestead land of the informant

                   and tried to construct house on the said land. When the

                   informant opposed, he was abused and assaulted by the

                   petitioner and other co-accused persons, who also looted 900
Patna High Court CR. MISC. No.66823 of 2025(6) dt.19-03-2026
                                            2/3




          bags of maize. Co-accused fired upon the informant but the shot

          missed him. Thereafter, he was assaulted with rod and khanti

          causing injuries to him. The brothers of the informant were also

          assaulted.

                       4. Learned counsel for the petitioner submits that the

          allegation of firing is not against the petitioner and the

          allegation of assault by rod and khanti is general and omnibus

          against all the accused persons. There is case and its counter

          version is Chautham P.S. Case No. 181 of 2025 registered under

          Sections 191(2), 190, 126(2), 115(2), 117(2) and 352 of B.N.S.

          The petitioner is in custody since 08.07.2025 and charge sheet

          has been submitted. The petitioner is having antecedent of two

          cases and he is on bail in both the cases.

                       5. Learned APP opposes the submission made on

          behalf of the petitioner. Learned APP submits that one injury

          was found on the head of the informant which is fracture in

          temporoparietal skull stated to be grievous in nature. Other

          injured also received simple injury.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          non-specific nature of allegation against the petitioner and

          further considering the period of custody of the petitioner and
              Patna High Court CR. MISC. No.66823 of 2025(6) dt.19-03-2026
                                                          3/3




                        submission of charge sheet, the petitioner above named is

                        directed to be released on bail on furnishing bail bonds of Rs.

                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of learned Chief Judicial Magistrate,

                        Khagaria/concerned Court in connection with Chautham P.S.

                        Case No. 180 of 2025, subject to the conditions mentioned in

                        Section 480(3) of B.N.S.S. and also the following conditions :

                                              (i) One of the bailors will be a close relative of
                                the petitioner.
                                             (ii) The petitioner will remain present on each
                                and every date fixed by the court below.
                                              (iii) In case of absence on three consecutive
                                dates or in violation of the terms of the bail, the bail bond
                                of the petitioner will be liable to be cancelled by the court
                                concerned.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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