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2026 DAILYLAW 10106 (PAT)

Vicky Patel @ Binay kumar v. The State of Bihar

CR. MISC./26750/2026 · 2026-04-22

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26750 of 2026 Arising Out of PS. Case No.-451 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Vicky Patel @ Binay kumar Son of Late Kalyan Singh Resident of Jajak Toli, Nai Sarak PS- chowk Dist -Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nagendra Kumar, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Alamganj P.S. Case No. 451 of 2024 registered for the offence punishable under Sections 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. 3. The case of the prosecution, in short, is that co- accused persons have opened fire upon the husband of the informant due to which he sustained grievous injuries and died thereafter. It is further alleged that the petitioner and other co- accused persons being in judicial custody have hatched a criminal conspiracy to attack the informant’s husband. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has Patna High Court CR. MISC. No.26750 of 2026(2) dt.22-04-2026 2/3 committed no offence. He also submits that from perusal of the FIR, it is clear that the petitioner was in judicial custody at the time of the occurrence. His name has falsely been implicated in the present case. He also submits that nothing has been recovered from the possession of the petitioner and the allegation against the petitioner is general and omnibus. The petitioner is not the person who has fired at the deceased. He further submits that similarly situated co-accused person namely, Monu Patel, has been granted bail by the learned coordinate bench of this court vide Cr. Misc. No. 37910 of 2025. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 19.07.2025. 5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of six cases. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall cooperate in the trial, shall remain physically present on each and every date fixed by the learned trial court and one of the bailor should be near Patna High Court CR. MISC. No.26750 of 2026(2) dt.22-04-2026 3/3 relative. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VI, Patna City, Patna in connection with Alamganj P.S. Case No. 451 of 2024. Sudhanshu/- (Ashok Kumar Pandey, J) U T