Created by Fuzzy Cloud

Patna High Court

Vikash Kumar @ Vikash MehtaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Vikash Kumar was arrested in connection with an alleged firing incident under Section 109 of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that two persons on a motorcycle opened fire, after which cartridges were recovered from a house where the informant had taken shelter; villagers identified the petitioner as one of the assailants. The petitioner’s counsel argued that the informant did not actually see anyone firing, no TIP was conducted, no injury resulted, and the petitioner had been in custody since May 7, 2025. The State opposed bail, citing seven prior criminal cases against the petitioner. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner under the circumstances of the case.
  • Whether the evidence on record, including villagers' statements and recovered cartridges, justifies denial of bail.
  • Whether the petitioner’s prior criminal antecedents warrant refusal of bail.

Legislation cited

Subjects

  • regular bail
  • bail petition
  • Arms Act
  • Section 27
  • B.N.S.
  • criminal antecedent
  • evidence
  • TIP
  • no injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89353 of 2025
                       Arising Out of PS. Case No.-54 Year-2025 Thana- Bhararhi District- Madhepura
                 ======================================================
                 Vikash Kumar @ Vikash Mehta S/o Suresh Mehata @ Suresh Mehta Resident
                 of village- Hanuman Nagar Chaura, P.S.- Madhepura (Bharrahi O.P.),
                 District- Madhepura


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Barun Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-01-2026                        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 section 109 of

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

                                3. The case of the prosecution is that on a black

                   colour pulsar bike, two persons followed the informant and

                   started firing. After this, informant entered in a house and

                   locked the door from inside. After some time, the miscreants

                   fled from there. As the informant came out of the house, two

                   empty cartridges and one live cartridge was recovered from

                   there. The villagers told that the petitioner is one amongst
Patna High Court CR. MISC. No.89353 of 2025(2) dt.27-01-2026
                                            2/3




          them.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the informant has

          not seen anybody firing and in the last part of the FIR, it is

          mentioned that the pillion on the bike was firing and the

          informant can identify him. Learned counsel for the petitioner

          has further submitted that during entire investigation, no TIP

          was conducted. His name has surfaced only on the basis of the

          statement of the villagers. In any view of the matter, no injury

          has been caused to anybody. Moreover, the petitioner is

          languishing in judicial custody since 07.05.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having criminal antecedent of

          seven cases.

                       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

          Bharrahi P.S. Case No. 54 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.89353 of 2025(2) dt.27-01-2026
                                                        3/3




                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Madhepura.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.