Patna High Court
Vivek Kumar @ Siku PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specific conditions.
Summary
The petitioner, Vivek Kumar, was arrested in connection with a FIR alleging that two men on a motorcycle shot the informant's wife during a family dispute, violating Sections 109(1)/61 and 3(5) of the BNS and Section 27 of the Arms Act. The petitioner was not originally named in the FIR but was later implicated based on a co‑accused's confession and his own subsequent confession. He has eleven other pending cases, though he is on bail in those matters, and he applied for bail in the present case. The State opposed bail, emphasizing the petitioner’s confession and prior criminal record. The Court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence, while allowing the bail bond to be executed without delay for verification.
Issues considered
- Whether bail should be granted to an accused who has confessed to the offence and has multiple pending criminal cases
- Whether the nature of the offence under the BNS and Arms Act warrants denial of bail
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- confession
- Arms Act
- BNS
- criminal antecedent
- family dispute
- Section 27 Arms Act
- Section 109 BNS
- Section 61 BNS
- Section 3(5) BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90446 of 2025
Arising Out of PS. Case No.-139 Year-2025 Thana- SANDESH District- Bhojpur
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Vivek Kumar @ Siku Patel S/o- Lakshuman Chaudhary @ Lakshuman Singh
@ Laxman Chaudhary Resident of village- Shivaji Nagar Gosai Mohalla,
Kashi Ghat PS- Bikramganj Distt- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr.Shashi Kant, learned counsel for the
petitioner and Mr.Dr. Kumar Uday Pratap, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
28.08.2025 in connection with Sandesh P.S. Case No. 139 of
2025, F.I.R. dated 23.06.2025 registered for the offence
punishable under Sections 109(1)/61 and 3(5) of BNS and
Section 27 of Arms Act.
3. As per the written application of informant brief
fact of the prosecution case is that on 23.06.2025 at about 04:50
am when the informant's wife went for morning walk. Then two
persons riding on motorcycle and fired on informant's wife
Manorma Devi due to which she sustained injury on shoulder
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and fell down on the earth. On hulla, villagers came and took
her to Sadar Hospital for treatment. The reason behind the
occurrence is that the informant wants to keep his daughter-in-
law at her Sasural whereas the father of Guriya Kumari willing
to keep his daughter at his home. Due to this dispute accused
persons assaulted to Guriya Kumari and she suffered from
miscarriages.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Ramoon
Kumar Gupta. Thereafter, the petitioner has also confessed his
guilt in the present occurrence and except the aforesaid no other
cogent material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and it appears from the FIR itself that the
dispute is going on between the family members of the
petitioner and family members of the informant and the police,
after investigation, submitted the chargesheet against the
petitioner and the petitioner is in custody since 28.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
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petitioner has himself confessed his guilt in the present
occurrence, apart from the aforesaid, the petitioner carries
eleven more cases other than the present one but fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M., Bhojpur at Ara in
connection with Sandesh P.S. Case No. 139 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) 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.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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