Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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
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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,
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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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