Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner is eligible for regular bail as the allegations are general, there is no risk of tampering or absconding, and the co‑accused is already in custody.
Summary
Vikash Kumar applied for regular bail in a criminal case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act. The allegations against him were that he abused an informant, while the more serious charge of firing a weapon was directed at co‑accused Avinash Kumar, who remains in custody. The petitioner claimed innocence, stating the case stemmed from a land dispute and that no incriminating material was found on him. The State opposed bail, but the court noted the petitioner’s prior bail in another case, his willingness to cooperate, and the lack of risk of evidence tampering or absconding. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under the provisions of the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126, 3(5)
Subjects
- regular bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- bail application
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9547 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Vikash Kumar Son of Late Sashi Kumar Singh Resident of Village- Baghari,
Ward No. 6, P.S.- Runnisaidpur, District- Sitamarhi . Presently residing at
Village- Bhadai, P.S.- Hathori, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 115(2), 126, 109, 3(5)
of the Bharatiya Nyaya Sanhita and Sections 25(1-b)a, 26, 27
and 35 of the Arms Act.
3. It is alleged that co-accused Avinash Kumar fired
on the informant due to which he sustained fire-arm injury.
Allegation against the petitioner is that he abused the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to land dispute. Further submission is that no
incriminating article has been recovered from the possession of
Patna High Court CR. MISC. No.9547 of 2026(2) dt.17-02-2026
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the petitioner. Allegation against the petitioner is general and
omnibus. Specific allegation of firing is against co-accused
Avinash Kumar who is in custody. The charge-sheet has already
been submitted after completion of investigation. Petitioner is in
custody since 06.11.2025. Petitioner has got one criminal
antecedent, in which he is on bail. Petitioner undertakes to co-
operate in the trial. There is no chance of tampering with the
evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, nature of allegation against the petitioner and period
of custody, let the above named petitioner 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
Judicial Magistrate-I, Sitamarhi in connection with
Runnisaidpur P.S. Case No. 411 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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