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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.88131 of 2025(2) dt.12-01-2026
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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
Patna High Court CR. MISC. No.88131 of 2025(2) dt.12-01-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.88131 of 2025(2) dt.12-01-2026
                                                       4/4




                     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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