Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1240 of 2026 Arising Out of PS. Case No.-361 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Vikash Kumar Son of Balaram Singh @ Balram Singh Resident of VillageGaura- 01 (Goura- 01) (Bishanpur Tola), Bishunpur Tola, Ward No. 13, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 109 of the BNS, 2023 as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that his brother, namely, Shubham Kumar along with Badal Kumar, on invitation of the petitioner, went to the house of the petitioner for celebrating his birthday but a dispute arose in between Shubham Kumar and the petitioner. Thereafter, petitioner called an unknown accused who came and gave pistol to the petitioner and the petitioner fired causing firearm injury to Shubham Kumar on his hand and abdomen. Further, Badal

Patna High Court CR. MISC. No.1240 of 2026(2) dt.20-04-2026 2/3 Kumar, on hearing the sound of firing, fled away and informed the informant about the occurrence.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that informant is not an eyewitness to the occurrence and it does not appear probable that petitioner, after inviting the victim for dinner, would have shot him. It is next submitted that there is a delay of two days in instituting the FIR. It is also submitted that since birthday of the petitioner was being celebrated, hence, all friends had consumed liquor and in a drunken state, accidental firing took place leading to injury to Shubham Kumar. It is submitted that petitioner is in custody since 12.10.2025.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner and submits that there is a specific allegation against the petitioner of firing causing firearm injury on the hand and the abdomen of Shubham Kumar. It is further submitted that the occurrence was witnessed by Badal Kumar who fled away from the place of occurrence and informed the informant about the occurrence. It is next submitted that FIR specifically alleges that a dispute arose in between the petitioner and Shubham Kumar when petitioner called an unknown

Patna High Court CR. MISC. No.1240 of 2026(2) dt.20-04-2026 3/3 accused who came and gave arms to the petitioner and thereafter the petitioner fired causing two firearm injury which amply demonstrates that petitioner appears to be a trigger happy person. It is also submitted that if the privilege of regular bail is granted to the petitioner, the petitioner may abscond since he has antecedent.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to release the petitioner on bail in connection with Teghra (Teghrha) P.S. Case No. 361 of 2024 pending in the Court of learned Chief Judicial Magistrate, Begusarai/Successor Court.

7. Hence, the prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T