Patna High Court
Vikash Kumar @ Vikash MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.