Vikash Kumar @ Vikash Paswan vs The State Of Bihar on 10 July, 2026

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    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.

    SPONSORED

    2. The present two regular bail applications arise

    out of the same police station case and as such, are being
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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,
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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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
    Patna High Court CR. MISC. No.29095 of 2026(5) dt.10-07-2026
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    or in violation of the terms of the bail, the bail bond of the

    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/-

    U        T
     



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