Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16599 of 2026 Arising Out of PS. Case No.-124 Year-2025 Thana- CHANAN District- Lakhisarai ====================================================== Vikash Kumar S/O Ram Bahadur Yadav R/O Vill. - Jhinora, P.S - Tetarhat,Dist- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Prasad, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Umesh Prasad, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.10.2025, in connection with Sessions Trial No. 376 of 2025 arising out of Chanan P.S. Case No. 124 of 2025, F.I.R. dated 22.09.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he has fired upon the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. Om Prakash

Patna High Court CR. MISC. No.16599 of 2026(2) dt.16-03-2026 2/3 Kumar @ Munna who is informant in the present case has been examined in the trial as P.W. 1 and he has not identified the petitioner as an assailant and apart from aforesaid it appears from the F.I.R. that there is no specific allegation against the petitioner in the F.I.R. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.10.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R. it appears that there is direct and specific allegation against the petitioner that he has fired upon the informant/victim but fairly submits that the informant has not supported the case of the prosecution in the trial as well as the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-II, Lakhisarai in

Patna High Court CR. MISC. No.16599 of 2026(2) dt.16-03-2026 3/3 connection with Sessions Trial No. 376 of 2025 arising out of Chanan P.S. Case No. 124 of 2025, subject to the following conditions :-

(1) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 criminal antecedents, 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.

Ibrar//- (Rajesh Kumar Verma, J) U T