Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84245 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== Vikram Kumar, S/o Ramsevak Ram, R/o Village - Amausi, Ward No. 17, P.S - Morkahi, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh, Advocate For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 448/2025, arising out of Morkahi P.S. Case No. 24 of 2025, registered for the alleged offences under Sections 109, 103(1) of BNS and Sections 25(1B)a, 26, 27(1), 27(3), 37 of the Arms Act.
3. As per prosecution case, the petitioner shot dead his wife and also shot at his paramour.
4. The learned counsel for the petitioner submits that this is the second attempt of the petitioner to seek bail from this Court as his earlier prayer for bail was rejected by this Court
2/4 vide order dated 11.09.2025 passed in Cr. Misc. No. 46203 of 2025. The learned counsel further submits that the informant is not the eye witness and the petitioner has been made accused on the basis of the statement of the injured Muniya Devi, the sisterin-law of the petitioner Sonam Kumari and two other persons, who are witnesses on post mortem-cum-seizure list, Kare Lal Sah and Sikandar Sada. Except for these witnesses, there is no other witness, who has seen the occurrence or has witnessed the seizure of firearms. All four witnesses have been examined by the prosecution and have turned hostile and did not support the prosecution case in any manner. The learned counsel further submits that in the case diary, there is no other witness, who might implicate the petitioner. The petitioner is in custody since 26.02.2025 and till date, out of 11 charge sheet witnesses, only four witnesses have been examined. There is no possibility of conclusion of trial in near future. In any case, it would fruitless exercise.
5. The learned APP for the State vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that no fresh ground has been brought on record to reconsider the prayer for bail of the petitioner
6. Normally, this Court would not like to take a
3/4 different view in a subsequent consideration of prayer for bail unless any new fact comes to the knowledge of the Court and more so when the trial is in progress. However, considering the fact that all the material witnesses have turned hostile and did not support the prosecution case and further considering the delay in conclusion of trial, the prayer of the petitioner for grant of bail could be considered.
7. Accordingly, the petitioner is directed to 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 Additional Sessions Judge-II, Khagaria/court concerned, in connection with Sessions Trial No. 448/2025, arising out of Morkahi P.S. Case No. 24 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail,
4/4 the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T