Patna High Court

Vikash Kumar @ Vikesh KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Vikash Kumar applied for bail in a case registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act, alleging robbery and shooting. The prosecution alleged that three miscreants, including the petitioner, intercepted and robbed an informant, causing injuries. The petitioner contended he was not named in the FIR and was implicated solely on the confessional statement of co-accused Natwar Kumar, which he argued lacks evidentiary value, and that no material was recovered from him. He also highlighted that he had not been subjected to a Test Identification Parade and had been in judicial custody since 18‑11‑2025 despite having three prior criminal antecedents. The State opposed bail, but the Court, after considering the lack of direct evidence and the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the confessional statement of a co-accused is sufficient grounds to deny bail.
Whether the petitioner’s lack of direct incriminating evidence and non‑participation in a TIP justify granting bail.
Whether the petitioner’s prior criminal antecedents warrant denial of bail for offences under IPC Sec. 394 and Arms Act Sec. 27.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 394

Subjects

bail
IPC Section 394
Arms Act Section 27
confessional statement
co-accused
Test Identification Parade
judicial custody
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8763 of 2026
                   Arising Out of PS. Case No.-230 Year-2024 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Vikash Kumar @ Vikesh Kumar S/o- Umesh Mahto R/v- Ahmadpur W.No-
                 14, Shiv Nagar Ghaghara Ps- Bakhri Dist- Begusarai
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bipin Kumar, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Muffasil P.S. Case No. 230 of 2024 registered for the offences

                   punishable under Section 394 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                3. The prosecution case in short is that while the

                   informant was returning to his house, at that time, three

                   unknown miscreants intercepted him and also fired upon him

                   due to which he fell down on the road. The miscreants looted

                   silver and gold articles along with cash of Rs. 20,000/- from him

                   and also shot him causing five injuries on his body.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.8763 of 2026(2) dt.04-02-2026
                                            2/3




          against him and has falsely been implicated in the present case.

          Petitioner is not named in the FIR. Name of the petitioner

          surfaced in this case on the basis of his confessional statement

          of the co-accused Natwar Kumar, which has no evidentiary

          value in the eye of law. Except confessional statement of the co-

          accused, there is nothing adverse against the petitioner in the

          entire record of the case. Nothing incriminating has been

          recovered from the possession of the petitioner. Other co-

          accused Natwar Kumar has already been granted regular bail by

          this Court vide order dated 08-01-2025, passed in Cr. Misc. No.

          89167 of 2024. The petitioner has not been put on Test

          Identification Parade. The petitioner has three criminal

          antecedents and is languishing in judicial custody since

          18.11.2025 without any rhymes or reason.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Having heard rival contention of both the parties

          and considering the entire facts and circumstances of the case,

          the period of custody of the petitioner as also the prayer being

          based on parity, let the petitioner, abovenamed, be released on

          bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with

          two sureties of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.8763 of 2026(2) dt.04-02-2026
                                                       3/3




                     below/concerned Court in connection with Muffasil P.S. Case

                     No. 230 of 2024.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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