Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Vikash Kumar was arrested in 2025 for offences alleged to have occurred in 2016, including sections 399, 402, 414 of the IPC and sections 25(1‑b)(A), 26 and 35 of the Arms Act. The petitioner claimed he was falsely implicated, asserting mistaken identity, lack of any incriminating article recovered from him, and no ownership of the seized vehicles. The State opposed bail, arguing that the petitioner was named in the FIR and could not escape liability. The court noted that the charge sheet had already been filed, the period of custody was short, and there was no likelihood of tampering with evidence or witnesses. Consequently, the court granted bail on a cash bond of Rs.10,000 with two sureties and imposed conditions of cooperation, appearance in court, and non‑tampering.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the circumstances of the case
- Whether there is a likelihood of the petitioner tampering with evidence or witnesses
- Whether the petitioner poses a risk of fleeing or obstructing the trial
Legislation cited
- Arms Act — s. 25(1-b)(A), 26, 35
- Indian Penal Code — s. 399, 402, 414
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- mistaken identity
- pre‑trial detention
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88131 of 2025
Arising Out of PS. Case No.-958 Year-2016 Thana- BIHTA District- Patna
======================================================
Vikash Kumar Son of Late Raj Nath Rai @ Rajnath Yadav Resident of
Navdihan @ Navdiha, P.S. - Naubatpur, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Bihta
P.S. Case No. 958/2016 registered for the offences punishable
under Sections 399, 402, 414 of the Indian Penal Code and
Sections 25(1-b)(A)/ 26/ 35 of the Arms Act.
3. As per prosecution case, the informant got secret
information that a group of 8-10 persons was found in two
Bolero vehicles in a suspicious condition. The informant along
with police officials apprehended two persons namely Sunil
Kumar @ Suraj Kumar and Tinku Kumar @ Vivek Kumar and
they disclosed the name of the accused persons who fled away
from the place of occurrence along with another Bolero vehicle
and the petitioner is one among them. From the possession of
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apprehended co-accused Sunil Kumar @ Suraj Kumar, one
country made pistol along with one live cartridge was recovered
and from another co-accused Tinku Kumar @ Vivek Kumar,
one country made pistol along with one live cartridge and one
Bolero vehicle were also recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He orally submits that there are several persons in the
village of the petitioner named Vikash Kumar, so, the petitioner
has not been informed whether the present case is pending
against the petitioner and on account of said reason the
petitioner has not approached the court and the case is pending
since 2016. The police has arrested the petitioner in the year
2025 though the occurrence took place on 2016 and the
petitioner had no knowledge regarding the present case which is
pending against him. He further submits that except disclosure
of co-accused, there is nothing on record to demonstrate the
complicity of the present petitioner in the alleged occurrence.
No incriminating article has been recovered from the conscious
possession or the house of the petitioner. He orally submits that
the petitioner is not owner of any of the vehicles either seized or
escaped from the place of occurrence. The petitioner is
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languishing in custody since 19.08.2025 and bears one criminal
antecedent in which he is on bail. In the light of aforesaid facts
and circumstances of the case, no offence is made out against
the petitioner under the aforesaid Sections. Charge sheet has
been submitted in this case and there is no likelihood of
tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is FIR named accused and he cannot escape from the
allegation made in the FIR.
6. Considering the facts and circumstances of the
case, period of custody, charge sheet has already been submitted
in this case and there is no likelihood of tampering with the
prosecution evidence, argument advanced on behalf of both
sides and also taking into consideration the material available on
record, let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-IInd, Danapur in connection with Bihta P.S.
Case No. 958/2016, subject to following conditions:-
(i) One of the bailors shall be either father or mother
or sister or brother or wife or the person who has sworn the
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affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain
present on each and every dates and if he fails to do so without
without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) 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.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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