Patna High Court
Vikash Kumar @ PuttiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Vikash Kumar petitioned for bail in a case registered under Sections 61(2), 109, 111 and 140 of the B.N.S. The prosecution alleged that the petitioner, a step‑brother of an informant, had hired a contract killer for Rs. 8,00,000. The petitioner contended that the allegations were false, that the only accused apprehended was Saurav Kumar, and that there was enmity between him and the informant. He argued that no weapon or incriminating material was recovered from him and that he had no prior criminal record, having been in judicial custody since 17‑09‑2025. The State opposed bail. After hearing both sides, the court found the petitioner's claim credible and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 61(2), 109, 111 and 140 of the B.N.S. in view of the alleged involvement in a contract killing and the evidence presented.
Legislation cited
- B.N.S. — s. 109, 111, 140, 61(2)
Subjects
- bail
- criminal procedure
- contract killing
- enforced sections
- false allegations
- step‑brother
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91379 of 2025
Arising Out of PS. Case No.-646 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Vikash Kumar @ Putti, S/O Vijay Narayan Pandey, R/O Near New Hero
Honda Service Center, Rajendra Path, Pirmohani, P.S- Gandhi Maidan, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kadamkuan P.S. Case No. 646 of 2025 registered for the
offence punishable under Sections 61(2), 109, 111 and 140 of
B.N.S.
3. The case of the prosecution, in short, is that certain
unknown miscreants have caught the informant. They were
armed with a weapon. When the informant raised alarm, one of
them was apprehended who was identified as Saurav Kumar.
Saurav Kumar has disclosed that this petitioner who is
stepbrother has arranged the contract killer at Rs. 8,00,000/-.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.91379 of 2025(2) dt.28-01-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. From perusal of the F.I.R. itself it is clear
that only one person Saurav Kumar was apprehended and from
his possession, only a mobile and bike was recovered whereas it
is alleged that the miscreants were armed with weapon. It has
further been submitted that the name of this petitioner has
surfaced in the statement of the co-accused. It has also been
submitted that there is enmity between the informant and the
petitioner as he is stepbrother of the petitioner. No injury was
sustained by the informant. It has also been submitted that this
case has been filed after taking advice from advocate to
implicate the petitioner with whom the informant is having
enmity whereas no occurrence has taken place. Nothing has
been recovered from the possession of this petitioner and the
story of arranging the killers is all concocted. Petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 17.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
Patna High Court CR. MISC. No.91379 of 2025(2) dt.28-01-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class XIV, Patna in connection with Kadamkuan
P.S. Case No.646 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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