Patna High Court

Vivek Kumar @ Vishesh kumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Vivek Kumar was arrested in connection with an alleged attempt to snatch a bag containing Rs. 14 lakh, during which the informant was shot and injured. The prosecution alleged that Kumar was one of three unknown miscreants on motorcycles, charged under sections 310(2) and 311 of the B.N.S. and section 27 of the Arms Act. The petitioner contended he was innocent, pointing out that the FIR named another accused, Vinay Kumar, whose confession implicated the petitioner but no material was recovered from him and no TIP was conducted. He had been in judicial custody since 10‑10‑2025, while the State opposed bail citing a prior criminal case. After hearing both sides, the court found the circumstances warranted release on regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 310(2), 311 of the B.N.S. and section 27 of the Arms Act
Whether the petitioner’s prior criminal antecedent bars the grant of bail
Whether the evidence on record justifies continued judicial custody

Legislation cited

Arms Act — s. 27
B.N.S. — s. 310(2), 311

Subjects

regular bail
judicial custody
section 310 IPC
section 311 IPC
section 27 Arms Act
criminal antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85673 of 2025
                         Arising Out of PS. Case No.-267 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Vivek Kumar @ Vishesh kumar S/o Dineshwar Singh R/o Village-Hathi
                 tola,Hati P.s-Maner, Dist-Patna


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam Tiwary, A
                 For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 310(2) and

                   311 of B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution is that 4-5 unknown

                   miscreants riding on three motorcycles are alleged to have

                   attempted to snatch the bag containing Rupees fourteen lakhs

                   from the informant and when the informant objected the same,

                   they fired on the informant due to which, he sustained bullet

                   injury on his hand.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.85673 of 2025(2) dt.12-01-2026
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          counsel for the petitioner has submitted that from perusal ofhte

          FIR itself it is clear that one Vinay Kumar was the driver of the

          vehicle     on    which,      the    informant       was   riding.   During

          investigation, Vinay was made an accused and and he has given

          his confessional statement and in his confessional statement, the

          name of this petitioner has come. Nothing has been recovered

          from the possession of this petitioner. Actually the accused

          persons could not loot anything from the informant. Only

          allegation is that they have fired upon the informant. No TIP has

          been conducted. It has also been submitted that Vinay Kumar

          has already been granted bail by learned co-ordinate Bench of

          this Court vide order dated 27.11.2025 passed in Cr. Misc. No.

          62556 of 2025. The case of this petitioner stands on similar

          footing. Moreover, the petitioner is languishing in judicial

          custody since 10.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and submitted

          that petitioner is having criminal antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.85673 of 2025(2) dt.12-01-2026
                                                        3/3




                      Maner P.S. Case No. 267 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M. 1st Class, Danapur

                      (Patna).



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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