Patna High Court
Vikky Kumar @ Aarabh SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied regular bail, holding that the petitioner’s extensive criminal antecedents and prior bail refusals warranted continued detention.
Summary
The petitioner, Vikky Kumar, was arrested on 30 August 2021 in connection with offences under Sections 399/402 of the IPC, Sections 25(1‑b)a, 26 & 35 of the Arms Act and Sections 20, 22, 25 & 29 of the NDPS Act. He applied for regular bail before the Patna High Court, having already been denied bail three times in earlier proceedings. The petitioner’s counsel argued that the repeated rejections should not preclude bail, while the State highlighted his ten pending criminal cases as a reason to deny bail. The court examined the statutory criteria for regular bail, the seriousness of the offences, and the petitioner’s extensive criminal antecedents. Concluding that the balance of probabilities favoured continued detention, the court rejected the bail application. The order was pronounced by Justice Dr. Anshuman on 25 February 2026.
Issues considered
- Whether regular bail should be granted to an accused with multiple pending criminal cases and prior bail rejections under the IPC, Arms Act and NDPS Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22, 25, 29
Subjects
- regular bail
- criminal antecedents
- IPC
- Arms Act
- NDPS Act
- high court
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85398 of 2025
Arising Out of PS. Case No.-249 Year-2021 Thana- BARAULI District- Gopalganj
======================================================
Vikky Kumar @ Aarabh Srivastava Son of Rajesh Prasad @ Rajesh Kumar
R/o Village- Mahaicha, P.S.- Uchkagaon, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Trial No. 46 of 2021 arising out of Barauli P.S. Case No. 249 of
2021 lodged on 29.08.2021, for the offence punishable under
Sections 399/402 of the Indian Penal Code and sections 25(1-
b)a, 26 & 35 of the Arms Act and sections 20, 22, 25 & 29 of
the N.D.P.S Act, pending in the Court of Additional Sessions
Judge-I, Gopalganj.
3. Learned counsel for the petitioner submits that the
regular bail application of the petitioner was earlier rejected
thrice vide orders dated 23.08.2022, 19.04.2024 & 16.05.2025
passed in Cr. Misc. No. 24484 of 2022, Cr. Misc. No. 10570 of
2024 & Cr. Misc. No. 12122 of 2025 respectively. Counsel
Patna High Court CR. MISC. No.85398 of 2025(3) dt.25-02-2026
2/2
submits that the petitioner is in custody since 30.08.2021,
having ten criminal antecedents.
4. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean as there are ten cases pending against
him and this aspect must be taken into consideration. Counsel
also submits that the regular bail application of the petitioner
was earlier rejected thrice and this is the fourth time.
5. In this view of the matter, this Court is not inclined
to grant bail to the petitioner. Accordingly, the prayer for regular
bail of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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