Vikash Sah @ Vikash Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29495 of 2026 Arising Out of PS. Case No.-266 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Vikash Sah @ Vikash Saw Son of Mahadev Sah @ Mahadev Sah R/O VillManmohan, P.S.- Basopatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Alias Ashok Karn, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Mr. Ashok Kumar Alias Ashok Karn, learned counsel for the petitioner as well as Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 02.11.2025 in connection with Basopatti P.S. Case No. 266 of 2025, F.I.R. dated 01.11.2025 for the offences punishable under Sections 109, 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant alleged that on 30.10.2025 at about 6.30 P.M, his father had gone to visit the school ground next to his house. At 7.00 P.M, he received information that his father is lying in critical condition. Thereafter, the informant went there and taken his father to hospital for treatment. Informant's father told him that
Patna High Court CR. MISC. No.29495 of 2026(2) dt.04-05-2026 2/3 the petitioner along with other accused person shot him on his head and also snatched his mobile and motorcycle and further transferred Rs. 50,000/- through phone pay.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. From bare perusal of the FIR it appears that informant's father has nowhere stated that who has fired upon him so there is no specific allegation against anyone and allegation levelled against the petitioner and other accused persons appears to be general and omnibus in nature. He next submits that the allegation of transferring Rs. 50,000/- also appears to be ornamental in nature. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 02.11.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner is named in the FIR and apart from that he carries one criminal antecedent in which he is on bail.
6. Considering the aforesaid facts and circumstances, 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 the learned C.J.M.,
Patna High Court CR. MISC. No.29495 of 2026(2) dt.04-05-2026 3/3 Madhubani in connection with Basopatti P.S. Case No. 266 of 2025, subject to 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 absence on two consecutive dates without sufficient reason, his 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 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) Suruchi/- U T