Created by Fuzzy Cloud

Patna High Court

Vikash Kumar @ Vikash Kuma @ Vikash MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Vikash Kumar was arrested in connection with a land‑dispute case (Rosera P.S. Case No. 617 of 2023) involving alleged firing on family members, under IPC sections 147, 148, 149, 323, 307, 379, 504, 506 and Arms Act section 27. He had been in custody since 27 September 2024 and applied for bail, undertaking to cooperate with the trial and not commit further offences. The State opposed bail, citing the seriousness of the alleged offences. The Court considered the long custodial period, the petitioner’s undertaking, and the need to ensure his presence at trial. It granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding appearance before the trial court, police station attendance, non‑interference with witnesses, and abstention from further crimes.

Issues considered

  • Whether bail should be granted to the petitioner despite the grave nature of the offences alleged under the IPC and Arms Act
  • Whether the petitioner’s undertaking and the conditions imposed are sufficient to ensure his attendance and prevent tampering with evidence

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • land dispute
  • witness tampering
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70744 of 2025
                      Arising Out of PS. Case No.-617 Year-2023 Thana- ROSERA District- Samastipur
                 ======================================================
                 Vikash Kumar @ Vikash Kuma @ Vikash Mahto S/o Bauyelal Mahto @
                 Bauya Lal Mahto R/o Village- Baghopur, P.S.- Rosera, District- Samastipur
                 (Bihar)                                                 ... ... Petitioner/s
                                                Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Kumar, Advocate
                 For the Opposite Party/s :        Mrs.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   13-02-2026                     Heard Mr.Madhav Kumar, learned counsel for the

                   petitioner and Mrs. Sucheta Yadav, learned APP for the State.

                                 2. The petitioner is in custody in connection with

                   Rosera P.S. Case No. 617 of 2023 instituted under Sections

                   147,148, 149, 323, 307, 379, 504, 506 of the Indian Penal Code

                   and 27 of the Arms Act lodged on 17.12.2023 by the informant,

                   Ramshish Mahto.

                                3. As per the prosecution story, the informant alleged

                   that the three brothers had partitioned their land decades ago.

                   However, one Bauye Lal Mahto who is one of the brother,

                   executed deed in favour of his son despite the fact that in the

                   partition, it was allotted to him. The allegation is that to grab the

                   said land, went to to the place concerned and thereafter, at the

                   behest of said Bauye Lal Mahto, another co-accused, Vikash

                   Kumar (petitioner herein) as also another son, Sheo Shankar
Patna High Court CR. MISC. No.70744 of 2025(5) dt.13-02-2026
                                            2/3




          opened fire which hit the informant and his son. Accordingly,

          the FIR.

                       4. Learned counsel for the petitioner submits that he

          has already suffered by being in custody since 27.09.2024 and

          undertakes not to indulged in any criminal activity and shall be

          diligently appearing in trial without fail.

                       5. Learned APP opposes the prayer submitting that the

          allegation is of opening fire on the own family members.

                       6. Considering the submissions of the parties as also

          that the petitioner has remained in custody since 27.09.2024, an

          undertaking has been given that he shall not indulge in any

          criminal activity and shall be diligently appearing in trial

          without fail, in that background, this Court is inclined to extend

          him the privilege of bail with conditions.

                       7. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of              learned A.D.J.-II,

          Rosera, in connection with Rosera P.S. Case No. 617 of 2023

          subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card
             Patna High Court CR. MISC. No.70744 of 2025(5) dt.13-02-2026
                                                         3/3




                       etc.) to show his bona fide;

                                    (ii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iii) the petitioner shall appear before the concerned

                       police station every fortnight for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (iv) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.