Patna High Court
Vipin 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
Vipin Kumar was arrested on 14 August 2025 in connection with a case where he allegedly opened fire on an informant during a land dispute, causing head injury. He faces charges under several sections of the Bihar National Security Act, 2023 and Section 27 of the Arms Act, 1959. The petitioner, represented by Mr. Gaurav Kumar, argued that he has a clean antecedent, the FIR was lodged after a 38‑day delay, and there was no intention to kill. The prosecution opposed bail, citing the specific allegation of firing. The court, considering the clean record, the land dispute context, and the FIR delay, 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.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bihar National Security Act and the Arms Act
- Whether the 38‑day delay in filing the FIR warrants bail
- Whether the seriousness of the alleged offences precludes the grant of bail
Legislation cited
- Arms Act, 1959 — s. 27
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar National Security Act
- FIR delay
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84465 of 2025
Arising Out of PS. Case No.-113 Year-2024 Thana- HASANPUR District- Samastipur
======================================================
Vipin Kumar Son of Late Harinarayan Sah @ Harinarayan Sav Resident of
village - Mohiuddinpur, P.S.-Hasanpur,District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
For the Informant : Mr. Madhav Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-01-2026 Heard Mr. Gaurav Kumar, learned counsel for the
petitioner, Mr. Madhav Kumar, learned counsel for the
informant and Mr. Navin Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.08.2025 in connection with Hasanpur P.S. Case No. 113 of
2024, F.I.R. dated 20.09.2024 for the offences punishable under
Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the BNS,
2023 and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner open
fired upon the informant which hit in his head causing injury to
him.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.84465 of 2025(4) dt.19-01-2026
2/3
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that due to
admitted land dispute the present occurrence has taken place
and both the parties are agnate to each other. Although there is
specific allegation against the petitioner that he has fired upon
the informant due to which he received injury but there is no
intention to kill anyone and on the spur of moment, the present
occurrence has taken place. He further submits that the present
F.I.R has been instituted after delay of 38 days. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
14.08.2025.
5. Learned counsel for the informant as well as
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that there is direct
and specific allegation of firing against the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is admitted land
dispute between the parties and the F.I.R has been lodged after
delay of 38 dyas, 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
Patna High Court CR. MISC. No.84465 of 2025(4) dt.19-01-2026
3/3
the learned ACJM-II, Rosera at Samastipur in connection with
Hasanpur P.S. Case No. 113 of 2024, subject to 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 his absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
Checking your session…