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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond, sureties, and conditions under Section 480(3) of the BNSS.

Summary

Vikram Kumar was charged with murdering his wife and shooting at his paramour under Sections 109 and 103(1) of the BNS and several provisions of the Arms Act. He had been in custody since February 2025 and his earlier bail application was rejected. The petitioner argued that the key witnesses had turned hostile, there were no other eyewitnesses, and the trial was delayed with only four of eleven charge‑sheet witnesses examined. The State opposed, stating no fresh ground for bail existed. The court, noting the hostile witnesses and trial delay, granted bail on a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences and prior denial of bail
  • Whether the turning hostile of material witnesses and delay in trial constitute fresh grounds for bail

Legislation cited

  • Arms Act — s. 25(1-B)a, 26, 27(1), 27(3), 37
  • BNS — s. 103(1), 109
  • BNSS — s. 480(3)

Subjects

  • bail
  • murder
  • hostile witnesses
  • trial delay
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84245 of 2025
                      Arising Out of PS. Case No.-24 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Vikram Kumar, S/o Ramsevak Ram, R/o Village - Amausi, Ward No. 17, P.S -
                 Morkahi, District - Khagaria

                                                                                  ... ... Petitioner/s

                                                       Versus
                 The State of Bihar

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rahul Singh, Advocate
                 For the Opposite Party/s :       Mrs.Madhuri Lata, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   13-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Sessions Trial No. 448/2025, arising out of

                   Morkahi P.S. Case No. 24 of 2025, registered for the alleged

                   offences under Sections 109, 103(1) of BNS and Sections 25(1-

                   B)a, 26, 27(1), 27(3), 37 of the Arms Act.

                                3. As per prosecution case, the petitioner shot dead his

                   wife and also shot at his paramour.

                                4. The learned counsel for the petitioner submits that

                   this is the second attempt of the petitioner to seek bail from this

                   Court as his earlier prayer for bail was rejected by this Court
Patna High Court CR. MISC. No.84245 of 2025(4) dt.13-02-2026
                                            2/4




          vide order dated 11.09.2025 passed in Cr. Misc. No. 46203 of

          2025. The learned counsel further submits that the informant is

          not the eye witness and the petitioner has been made accused on

          the basis of the statement of the injured Muniya Devi, the sister-

          in-law of the petitioner Sonam Kumari and two other persons,

          who are witnesses on post mortem-cum-seizure list, Kare Lal

          Sah and Sikandar Sada. Except for these witnesses, there is no

          other witness, who has seen the occurrence or has witnessed the

          seizure of firearms. All four witnesses have been examined by

          the prosecution and have turned hostile and did not support the

          prosecution case in any manner. The learned counsel further

          submits that in the case diary, there is no other witness, who

          might implicate the petitioner. The petitioner is in custody since

          26.02.2025 and till date, out of 11 charge sheet witnesses, only

          four witnesses have been examined. There is no possibility of

          conclusion of trial in near future. In any case, it would fruitless

          exercise.

                       5. The learned APP for the State vehemently opposes

          the submission made on behalf of the petitioner. The learned

          APP submits that no fresh ground has been brought on record to

          reconsider the prayer for bail of the petitioner

                       6. Normally, this Court would not like to take a
Patna High Court CR. MISC. No.84245 of 2025(4) dt.13-02-2026
                                            3/4




          different view in a subsequent consideration of prayer for bail

          unless any new fact comes to the knowledge of the Court and

          more so when the trial is in progress. However, considering the

          fact that all the material witnesses have turned hostile and did

          not support the prosecution case and further considering the

          delay in conclusion of trial, the prayer of the petitioner for grant

          of bail could be considered.

                       7. Accordingly, the petitioner is directed to 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

          learned         Additional       Sessions       Judge-II,   Khagaria/court

          concerned, in connection with Sessions Trial No. 448/2025,

          arising out of Morkahi P.S. Case No. 24 of 2025, subject to the

          conditions mentioned in Section 480 (3) of BNSS and also the

          following conditions :

                             (i) One of the bailors will be a close relative

                             of the petitioner.

                             (ii) The petitioner will remain present on

                             each and every date fixed by the court

                             below.

                             (iii) In case of absence on three consecutive

                             dates or in violation of the terms of the bail,
           Patna High Court CR. MISC. No.84245 of 2025(4) dt.13-02-2026
                                                       4/4




                                        the bail bond of the petitioner will be liable

                                        to be cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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