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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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