Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court upheld the earlier denial of bail, finding no ground for review and consequently rejected the petitioner's bail application.
Summary
Vikram Kumar was charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly looting Rs 8 lakhs and a motorcycle and for the shooting of an informant. A co‑accused, Subhash Kumar, recovered Rs 30,000 and, in his self‑inculpatory statement, identified the petitioner. The petitioner has been in custody since 20‑12‑2024 and has two prior criminal convictions of a similar nature. He filed a regular bail application which was rejected on 15‑05‑2025. On a second attempt, the High Court examined whether the earlier order denying bail could be reviewed, considering the gravity of the offence and the petitioner’s antecedents. The Court found no ground to revisit its earlier decision and upheld the rejection of bail. The application was dismissed.
Issues considered
- Whether bail can be granted to the petitioner given the seriousness of the offences and his prior criminal record
- Whether the earlier order denying bail can be reviewed on a subsequent bail application
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal antecedent
- attempted murder
- arms act
- review of order
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68381 of 2025
Arising Out of PS. Case No.-434 Year-2024 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Vikram Kumar Son of Ramu Patel Resident of Mohalla - Miscout, P.S. -
Motihari Town, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Motihari Town P.S. Case
No. 434 of 2024 registered for the offence under Sections
309(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of
the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 15.05.2025 in Cr. Misc. No. 31119 of 2025 which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. This application is for grant of
regular bail in connection with Town P.S. Case
No.434 of 2024, registered for the offences
under Sections 309(4) of the Bhartiya Nyaya
Patna High Court CR. MISC. No.68381 of 2025(3) dt.11-02-2026
2/2
Sanhita and Section 27 of Arms Act.
3. Unknown criminals looted Rs.8
Lakhs and a motorcycle from the informant who
was going to deposit the same in the office of
Flipkart. The informant was shot by the accused
persons. One Subhash Kumar was arrested and
Rs.30,000/- was recovered from him and he
disclosed the name of the petitioner in his self
inculpatory statement.
4. The petitioner is in custody since
20.12.2024 and he has two criminal
antecedents.
5. Considering the gravity of the
offence and criminal antecedent of the petitioner
in similar nature of offence, this application is
dismissed.
4. This Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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