Patna High Court
Badal Kumar @ Viveka Nand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to monetary and procedural conditions.
Summary
Badal Kumar, also known as Viveka Nand Kumar, was arrested in connection with a case involving alleged shooting at an informant and threats, charged under Sections 308(3), 308(5), 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that Kumar and co‑accused Aman Kumar fired at the informant while Hemant Kumar drove the vehicle, and that Aman Kumar threatened the informant. The petitioner contended that he was falsely implicated, that no incriminating articles were recovered from him, and highlighted that a co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s four prior criminal antecedents. Considering the length of custody, lack of concrete evidence, and the bail already granted to a co‑accused, the Court inclined to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the petitioner poses a risk of fleeing or tampering with evidence
- Whether the petitioner’s prior criminal antecedents preclude bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 308(3), 308(5), 3(5)
Subjects
- bail
- criminal procedure
- firearms offence
- false implication
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86098 of 2025
Arising Out of PS. Case No.-37 Year-2025 Thana- VAINI District- Samastipur
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Badal Kumar @ Viveka Nand Kumar S/o- Umesh Poddar Village- Nirpur
Ward No- 5 PS- Karpurigram District-Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Waini
P.S. Case No. 37 of 2025, instituted for the offences under
Sections 308(3), 308(5), 109(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 Arms Act.
3. Prosecution case, in short, is that the informant was
shot at by the petitioner and co-accused Aman Kumar @ Kargil,
who were pillion riders, while co-accused Hemant Kumar was
driving the vehicle, however, the same was mis-fired. The co-
accused Aman Kumar threatened the informant for dire
consequences.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.86098 of 2025(2) dt.15-01-2026
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incriminating articles were recovered from the possession of the
petitioner. Learned counsel for the petitioner submits that
general and omnibus allegation has been made against the
petitioner. The other co-accused person has been granted bail by
a co-ordinate Bench of this Court vide order dated 17.11.2025
passed in Criminal Miscellaneous No. 61438 of 2025. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 24.07.2025 and has four criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Waini P.S. Case No.
37 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.86098 of 2025(2) dt.15-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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