Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Anticipatory bail was granted to the petitioner.
Summary
Vikash Kumar sought anticipatory bail after learning that a FIR (Case No. 682/2025) had been lodged against him for alleged conspiracy to commit loot and possession of a loaded pistol, invoking Sections 310(4), 310(5) of the Bihar Negotiable Instruments Act and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner argued that he had not been arrested, no incriminating articles were recovered from his possession, and the only basis for his inclusion was the confessional statement of co‑accused Rakesh Kumar (Munna), who also had a history of enmity with the petitioner. The State opposed the bail, contending the seriousness of the offences. The Court examined the lack of direct evidence, the reliance on a co‑accused’s confession, and the prior hostile relationship, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, residence within the trial court’s jurisdiction, and verification by the police.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations and the evidentiary basis of the FIR.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Negotiable Instruments Act — s. 310(4), 310(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 323, 341, 354, 379, 504, 506
Subjects
- anticipatory bail
- conspiracy
- loot
- arms possession
- confessional statement
- prior enmity
- bail conditions
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81947 of 2025
Arising Out of PS. Case No.-682 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Vikash Kumar, aged about 26 years, Male, Son of Uma Ray, Resident of
Village- Dighi Kala West, Ward No. 3, P.S.- Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : M. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Hajipur Sadar P.S. Case No. 682 of 2025 instituted for the
offences punishable under Sections 310(4), 310(5) of the BNS
and Sections 25(1-b) a, 26 and 35 of the Arms Act.
3. As per allegation in the FIR, there is specific
allegation against the petitioner for making conspiracy to
commit loot along with co-accused persons and fled away along
with loaded pistol.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that neither the
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petitioner has been arrested at the spot nor any incriminating
articles has been recovered from his conscious possession. He
further submits that the petitioner has been made accused only
on the basis of confessional statement of arrested co-accused
namely, Rakesh Kumar @ Munna. He next submits that there is
no any independent witnesses of the seizure list and the
witnesses are also police officials.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned District and Additional Sessions Judge-I-cum-
Special Judge NDPS, Vaishali at Hajipur dated 07.11.2025, it
appears that on the basis of self statement of the Sub-Inspector
of Police namely, Amardeep Kumar, FIR has been registered
under Sections 310(4), 310(5) of the BNS and Sections 25(1-b)
a, 26 and 35 of the Arms Act against two named and one
unknown persons including the present petitioner and the
allegation against him is for making conspiracy to commit loot
along with co-accused persons and fled away along with loaded
pistol. Petitioner is not arrested at the spot and his name has
been surfaced in this case only on the basis of confessional
statement of arrested co-accused person namely Rakesh Kumar
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@ Munna, no recovery from the conscious possession of the
petitioner. From perusal of the records, it also appears that there
is previous enmity between the arrested co-accused namely
Rakesh Kumar @ Munna with the present petitioner namely,
Vikash Kumar. The arrested co-accused Rakesh Kumar @
Munna has previously registered a case against the present
petitioner and other accused persons as Hajipur Sadar P.S. Case
No. 450 of 2019 under Section 147, 341, 323, 379, 354, 504 and
506 of the Indian Penal Code, so considering the all aspects of
the case and submission of learned counsel for the petitioner, I
am inclined to grant anticipatory bail to the above named
petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the Court below within
six weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Vaishali at Hajipur in connection
with Hajipur Sadar P.S. Case No. 682 of 2025, subject to the
conditions laid down in Section 482(2) of the BNSS with a
further condition that during investigation, the petitioner shall
resides within the jurisdiction of the learned trial Court and the
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concerned police station shall verify the same.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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