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2026 DAILYLAW 16246 (PAT)

Vicky Kumar @ Vicky Paswan v. The State of Bihar

CR. MISC./27815/2026 · 2026-05-15

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27815 of 2026 Arising Out of PS. Case No.-337 Year-2025 Thana- SHERGHATI District- Gaya ====================================================== Vicky Kumar @ Vicky Paswan son of Ramshwarup Paswan Resident Of Village- Bhatkhurha, Ps- Sherghati, Dist- Gaya Jee ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate For the Informant : Mr. Dinkar Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 15-05-2026 Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner, Mr. Dinkar Kumar, learned counsel for the Informant and Mr. Nagendra Prasad, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 30.07.2025, in connection with Sherghati P.S. Case No. 337 of 2025, F.I.R. dated 20.07.2025 registered for the offences punishable under Sections 109, 126(2), 115(2), 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. 3. As per the prosecution case, the informant states that three accused persons on a motorcycle overtook him. Thereafter, it is stated that Danish Ekbal fired upon him. Though the informant made an attempt to escape, one of the shots fired by Danish Ekbal hit the informant causing serious injuries. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated Patna High Court CR. MISC. No.27815 of 2026(3) dt.15-05-2026 2/3 in the present case. He further submits that initially the petitioner was not named in the F.I.R. and the name of the petitioner has been transpired during investigatin on the basis of confessional statement of co-accused person and thereafter the petitioner has confessed his guilt in the present occurrence and apart from that duirng investigation the date dump analysis was conducted by the technical divison of the prosecution and it was found that the petitioner was present at the place of occurrence. Learned counsel for the petitioner submits that it appears from the F.I.R. as well as statement of the injured person, there is no specific accusation against the petitioner and till date no TIP was conducted by the prosecution. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 30.07.2025. 5. Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present crime in question and apart from that the petitioner and other co- accused persons have confessed their guilt in the present occurrence. 6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing Patna High Court CR. MISC. No.27815 of 2026(3) dt.15-05-2026 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Sherghati, Gaya in connection with Sherghati P.S. Case No. 337 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