Patna High Court – Orders
Vikash Kumar @ Vikash Paswan vs The State Of Bihar on 10 July, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29095 of 2026
Arising Out of PS. Case No.-797 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Vikash Kumar @ Vikash Paswan S/o Nokha Paswan R/o Devi Asthan,
Ranipur, P.S. - Phulwarisharif, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 48601 of 2026
Arising Out of PS. Case No.-797 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Vishal Kumar @ Vishal Paswan Son of Nokha Paswan R/o Devi Asthan,
Ranipur, P.S.- Phulwarisharif, Distict- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 29095 of 2026)
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Madhukar Anand, Advocate
Mr. Shubham Kumar Singh, Advocate
Mr. Amritanshu Udbhava, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
(In CRIMINAL MISCELLANEOUS No. 48601 of 2026)
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Madhukar Anand, Advocate
Mr. Shubham Kumar Singh, Advocate
Mr. Amritanshu Udbhava, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 10-07-2026
Heard learned senior counsel for the petitioners
and learned A.P.P. for the State.
2. The present two regular bail applications arise
out of the same police station case and as such, are being
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heard together.
3. These are the second regular bail applications
preferred by the petitioners, whose earlier regular bail
application, being Cr. Misc. No. 13335 of 2025, was
rejected by this Court vide order dated 01.07.2025 in
connection with Sessions Trial No. 295 of 2026 arising out
of Phulwarishariff P.S. Case No. 797 of 2024 registered for
the offences punishable under Sections 307, 302, 379, 504,
34 and 120B of the Indian Penal Code and under Section 27
of the Arms Act.
4. According to the F.I.R., the informant has
alleged that while her family members were sitting in a
garden to settle a dispute, Sunil Paswan had a scuffle with
her husband, Ritlal Paswan @ Mangru Paswan and
thereafter, the wife of Sunil Paswan went inside the house,
came out with arms and handed them over to her sons. It is
further alleged that on the instigation of Sunil Paswan, the
co-accused, Aman Paswan, fired at her brother-in-law,
namely, Abhishek Paswan, however, the shot missed him.
Thereafter, Aman Paswan fired upon the husband of the
informant and Sunny Paswan also fired upon him,
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whereupon he fell down. It is alleged that subsequently, on
the orders of the co-accused, Nokha Paswan, the petitioners,
Vishal Kumar @ Vishal Paswan and Vikash Kumar @
Vikash Paswan, respectively fired upon the head of the
husband of the informant. It is further alleged that co-
accused Sunny Paswan fled away with the licensed pistol of
her husband and also took away the mobile phone of one
Neha Priya. It has been alleged that the incident occurred on
account of a previous dispute with regard to Rs.
15,00,000/-, which was given to Pawan Paswan for staying
the auction of a house and was not returned.
5. Mr. P.N. Shahi, learned senior counsel for the
petitioners, submits that the petitioners have falsely been
implicated in this case with specific allegations of assault as
an afterthought and only after seeing the injuries sustained
by the deceased, as the written report was filed after five
hours of the incident. It has been submitted that though
there is an allegation of several rounds of firing upon the
deceased, from the autopsy report, it would be evident that
only one bullet injury was found. It has further been
submitted that there is no evidence to suggest that the
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petitioners would in any way influence the trial and,
therefore, they should be released on bail, especially on
account of the fact that only one out of seven prosecution
witnesses named in the charge-sheet has been examined till
date.
6. Learned senior counsel, further referring to
Annexure-4, wherein the deposition of the informant is
contained, submits that in paragraph no. 1, she has
categorically stated that Vikash Kumar @ Vikash Paswan
had shot her husband on the head, while Vishal Kumar @
Vishal Paswan had shot him on the back. Learned senior
counsel next points out that from perusal of the postmortem
report, which has been brought on record as Annexure-3, it
would appear that there are only two firearm entry wounds,
one being on the left side of the chest and the other on the
back of the head of the deceased. It has further been
submitted that there is an exit wound on the right side of the
chest, situated below the tip of the right axilla.
7. It has been submitted that there is no entry
wound on the back of the deceased, as alleged by the
informant even in her deposition, which goes on to show
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that the F.I.R. was lodged only after seeing the wounds and
the informant could not decipher that the wound on the back
was an exit wound and not an entry wound.
8. He further submits that considering the delay in
trial and the fact that the petitioners have been in custody
since 13.11.2024, i.e., for more than one and a half years,
they may be released on bail and they undertake to abide by
all the terms and conditions as may be imposed by this
Court.
9. He lastly submits that the petitioner, namely,
Vikash Kumar @ Vikash Paswan, in Cr. Misc. No. 29095 of
2026 has one criminal antecedent, whereas the petitioner,
namely, Vishal Kumar @ Vishal Paswan, in Cr. Misc. No.
48601 of 2026 has no criminal antecedent and no
incriminating article or firearm has been recovered from the
conscious possession of either of the petitioners.
10. The learned A.P.Ps. have vehemently opposed
the prayer for bail and have submitted that even in the
F.I.R., there is a specific allegation of firing upon the head
of the deceased by these two petitioners, which is now
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substantiated by the deposition of the informant, who has
specifically stated that Vikas Paswan fired upon the head of
the deceased, while Vishal Paswan fired upon the back of
the deceased. It has further been submitted that the cause of
death was firearm injuries and, therefore, the petitioners
should not be released on bail during the pendency of the
trial, which has already commenced.
11. Considering the aforesaid submissions made
by the learned counsel for the parties, this Court finds that
initially in the F.I.R, the two petitioners herein were
attributed with firing upon the deceased on his head. From
the postmortem report, it is evident that there is only one
injury on the head of the deceased, this Court also takes
note of the fact that the informant, during the course of trial,
in her deposition, has now changed her version and now has
named only Vikash Kumar @ Vikash Paswan to have fired
on the head of the deceased while Vishal Kumar @ Vikash
Paswan is stated to have fired on the back of her husband,
since deceased.
12. In view of such contradictions, especially
taking into account the fact that there is no entry wound on
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the back of the deceased and there is only one firearm
injury on the head, which is now being specifically
attributed to Vikash Kumar @ Vikash Paswan, I am not
inclined to release the petitioner, Vikash Kumar @ Vikash
Paswan, in Cr. Misc. No. 29095 of 2026 on bail.
13. Accordingly, the bail application filed on
behalf of Vikash Kumar @ Vikash Paswan in Cr. Misc. No.
29095 of 2026 is hereby rejected.
14. As far as the petitioner Vishal Kumar @ Vishal
Paswan is concerned, he 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
the learned court below where the case is pending/successor
court in connection Sessions Trial No. 295 of 2026 arising
out of Phulwarishariff P.S. Case No. 797 of 2024, subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be
their close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
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petitioner will be liable to be cancelled by the court
concerned.
(iv) If it is found that the petitioner, Vishal Kumar
@ Vishal Paswan tries to influence, coerce or threaten the
witnesses, the bail bonds of the petitioner Vishal Kumar @
Vishal Paswan shall be cancelled by the learned Trial Court
after due inquiry.
(v) The learned 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.
15. Accordingly, the prayer for bail is allowed.
16. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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