Patna High Court
Vikash Kumar @ Vikash Kuma @ Vikash MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 379, 504, 506
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
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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
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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
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