Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Vivek Kumar was arrested on 3 September 2025 in connection with a police case involving alleged assault and open firing on an informant, for which he was charged under IPC sections 341, 323, 506, 307/34 and Arms Act section 27. The petitioner contended that the FIR was fabricated, he was innocent, and the injury caused was simple. The State opposed bail, arguing the seriousness of the offences. The High Court noted the petitioner’s clean antecedent and the simple nature of the injury, and considered that bail would not jeopardize the trial. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Patna City.
Issues considered
- Whether bail should be granted to the accused charged under IPC sections 341, 323, 506, 307/34 and Arms Act section 27.
- Whether the nature of the injury and the petitioner’s clean antecedent justify the grant of bail.
- Whether the conditions imposed are appropriate to safeguard the trial process.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 34, 341, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- assault
- attempted murder
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82341 of 2025
Arising Out of PS. Case No.-251 Year-2024 Thana- SULTANGANJ District- Patna
======================================================
Vivek Kumar Son of Late Gorelal @ Late Niwas Chaudhary @ Late Niwash
Chaudhary Resident of B.N.R. Road, Opp. B.N.R. Training College,
Chaudhary Tola, P.S.- Sultanganj, District- Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Akash Kumar Mishra, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
03.09.2025 in connection with Sultanganj P.S. Case No. 251 of
2024, F.I.R. dated 28.06.2024 for the offences punishable under
Sections 341, 323, 506, 307/34 of the Indian Penal Code and
section 27 of the Arms Act.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant.
The specific allegation against the petitioner is that he made
open firing upon the informant which hit on the both legs of the
informant.
Patna High Court CR. MISC. No.82341 of 2025(3) dt.27-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the FIR is false and fabricated and the petitioner has not
committed any offence as alleged in the FIR. As per allegation
in the FIR, petitioner has fired upon the informant which hit
both legs of the informant and he has received the injury. He
further submits that although the specific allegation of firing is
against the petitioner in the FIR but the injury inflicted upon the
injured person is simple in nature and the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 03.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the petitioner has clean antecedent, injury
inflicted upon the injured person is found to be simple in nature,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Sub
Divisional Judicial Magistrate, Patna City or its successor court,
in connection with Sultanganj P.S. Case No. 251 of 2024, with
Patna High Court CR. MISC. No.82341 of 2025(3) dt.27-01-2026
3/3
the following conditions:
i. 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 her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, 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)
Ranjeet/-
U T
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