Patna High Court
Vikash KumarversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied as the court found the seriousness of the offences and the proximity of trial completion warranted continued custody.
Summary
The petitioner, Vikash Kumar, applied for regular bail in a case registered as Bypass P.S. Case No. 99 of 2023, involving alleged offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He has been in custody since 3 May 2023 and the trial is reportedly nearing completion. The petitioner argued that witness depositions had concluded, making bail appropriate, while the State opposed the bail on the grounds of the seriousness of the charges and the ongoing investigation. The court noted that two persons had been killed and material evidence linked the petitioner to the crime. Considering the gravity of the offences, the stage of the trial, and the prosecution’s objections, the court dismissed the bail application. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether regular bail can be granted to the accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act when the trial is near completion.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67835 of 2024
Arising Out of PS. Case No.-99 Year-2023 Thana- BYPASS District- Patna
======================================================
Vikash Kumar Son of Late Ramanand Prasad Resident Of Village-
Mehandiganj Pani Tanki Road, Ward No. 61, P.S.- Mahandiganj, Dist.- Patna.
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai
Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Ansul, Sr. Advocate
Ms. Eashita Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
16 09-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned Senior counsel for the
informant.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Bypass P.S. Case No. 99
of 2023 registered for the offence under Sections 302/34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 05.03.2024 in Cr. Misc. No. 81211 of 2023 which
reads as follows:-
Heard learned counsel for the
petitioner and learned Additional Public
Prosecutor for the State as well as learned
counsel for the Informant.
Patna High Court CR. MISC. No.67835 of 2024(16) dt.09-01-2026
2/2
2. The petitioner seeks bail in
connection with Bypass P.S. Case No. 99/2023
registered for the offence punishable under
Sections 302/34 of the Indian Penal Code and 27
of the Arms Act. The petitioner is in custody
since 03.05.2023.
3. Two persons have been killed by
the petitioner and other criminals. Materials
have come during the investigation to connect
the petitioner with the crime.
4. Learned Additional Public
Prosecutor appearing on behalf of the State has
vehemently opposed the prayer for bail.
5. Considering the facts and
circumstances of the case and also the
allegations levelled against the petitioner, this
application for grant of bail is dismissed.
4. The learned counsel for the petitioner has submitted
that the deposition of the witnesses has been concluded.
5. Since the trial is on the verge of completion, this
application for regular bail is rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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