Patna High Court
Vikas Kumar @ Vikash Kumar @ Vikas SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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
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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
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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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