Patna High Court
Vikash Ram @ Bikash RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Vikash Ram was arrested in connection with a shooting that allegedly resulted in the death of the informant's father, and charged under several sections of the B.N.S, 2023 and Section 27 of the Arms Act. The petitioner contended that he has a clean antecedent and that the FIR is fabricated, noting that the post‑mortem report was completed before the FIR was lodged and that the FIR contains no specific allegation against him. The prosecution opposed bail, asserting the seriousness of the offences. The Court examined the procedural irregularities, particularly the timing of the post‑mortem and the lack of a direct accusation against the petitioner. Finding that the FIR does not specifically implicate the petitioner and considering the procedural lapses, the Court granted bail subject to strict conditions. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the allegations under the B.N.S, 2023 and the Arms Act.
- Whether the timing of the post‑mortem report and the lack of a specific allegation in the FIR justify bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103, 127(2), 3(5), 351(2), 61(2)
Subjects
- bail
- false FIR
- post‑mortem timing
- Arms Act
- criminal antecedent
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81141 of 2025
Arising Out of PS. Case No.-103 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Vikash Ram @ Bikash Ram S/O Late Ramdeo Ram R/O Village- Kemra ,
P.S.-Ariyari, Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate
For the Informant : Mr. Bipin Kumar, Advocate
For the State : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Dr. Anjani Pd. Singh, learned counsel for
the petitioner, Mr. Bipin Kumarh, learned counsel for the
Informant and Ms. Pushpa Sinha, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.08.2025, in connection with Ariary P.S. Case No. 103 of
2025, F.I.R. dated 30.07.2025 registered for the offences
punishable under Sections 127(2), 103, 351(2), 61(2), 3(5) of
the B.N.S, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that when the
father of the informant was returning from the Civil Court,
Sheikhpura, accused persons including the petitioner came with
pistol and fired upon the informant’s father and later on the
father of the informant died.
Patna High Court CR. MISC. No.81141 of 2025(3) dt.31-01-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
It appears from the F.I.R. that the F.I.R. is in two parts, in first
part, there is general and omnibus allegation against the
petitioner and other co-accused persons that they have fired
upon the victim and in second part, there is specific allegation
against co-accused Manoj Ram that he has fired upon the
victim. Learned counsel for the petitioner further submits that
the date of occurrence as alleged in the F.I.R. is 29.07.2025 and
the F.I.R. was instituted on 30.07.2025 at about 10:30 A.M. and
before lodging the F.I.R. the postmortem conducted upon the
deceased on 29.07.2025 at 09.10 P.M. which suggests that
before lodging of the present F.I.R. the postmortem was
conducted and the petitioner after sending the postmortem
report has filed the present F.I.R. against the petitioner and other
co-accused persons only to falsely implicate them. He further
submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 03.08.2025.
Patna High Court CR. MISC. No.81141 of 2025(3) dt.31-01-2026
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5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the postmortem was conducted before lodging
of the F.I.R. and there is no specific allegation against the
petitioner in the F.I.R., let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.II, Sheikhpura in connection
with Ariary P.S. Case No. 103 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.81141 of 2025(3) dt.31-01-2026
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any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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