Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Vishal Kumar, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a police raid recovered four country‑made pistols from a co‑accused who alleged the weapons belonged to him. The petitioner contended that he was falsely implicated, no arms were found in his possession, he has no criminal antecedents and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence against the petitioner, the period of custody already endured, and the alleged procedural lapse, the Court inclined to grant bail. The bail was ordered on the condition of a Rs 15,000 bond with two sureties, one of whom must be a close family member, and the petitioner’s attendance at every trial date, with cancellation possible on two consecutive defaults. The order also directed that charges be framed if not already done.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Arms Act.
- Whether the absence of any weapon recovered from the petitioner and the claim of false implication justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is a ground to deny bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10164 of 2026
Arising Out of PS. Case No.-738 Year-2025 Thana- MANER District- Patna
======================================================
Vishal Kumar S/o Sanjay Rai R/o - Hulasi Tola, P.S - Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Maner
P.S. Case No. 738 of 2025 instituted for the offences under
Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., on secret information, police
conducted a raid and apprehended Kallu Kumar with four
country-made pistols and cartridges who disclosed that the
weapons belong to the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.10164 of 2026(2) dt.10-03-2026
2/3
possession of the petitioner rather the recovery of the arms has
been made from the co-accused. Learned counsel further
submitted that petitioner has got no concern with the recovered
arms and ammunitions. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 04.10.2025 and
has no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Maner P.S. Case No.
738 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.10164 of 2026(2) dt.10-03-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…