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Patna High Court

Vivek Kumar @ Siku PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.90446 of 2025(3) dt.23-03-2026
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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
Patna High Court CR. MISC. No.90446 of 2025(3) dt.23-03-2026
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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
               Patna High Court CR. MISC. No.90446 of 2025(3) dt.23-03-2026
                                                           4/4




                         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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