Patna High Court

Vishal RayversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding no sufficient ground to deny bail.

Summary

Vishal Ray was arrested in connection with a murder case (PS Case No.68 of 2025) and charged under Sections 103(1), 61(2) & 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleged that Kamlesh Rai fired the fatal shot, while the petitioner’s role was said to be merely identifying the deceased; however, the police recorded a confessional statement in which the petitioner admitted to firing and concealing the weapon. The trial court relied heavily on this confessional statement and denied bail. The State opposed regular bail, citing the seriousness of the offences and the confession. The Patna High Court, after considering the facts, found the petitioner’s involvement insufficient to deny bail and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite a confessional statement and charges under the Bihar Negotiable Instruments Act and the Arms Act.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 103(1), 3(5), 61(2)

Subjects

regular bail
confessional statement
Arms Act
murder
firearm
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13843 of 2026
                       Arising Out of PS. Case No.-68 Year-2025 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Vishal Ray S/O Dhananjay Singh @ Dhananjay Ray Resident of village-
                 Bahoranpur, P.S.- Bahoranpur, District- Bhojpur at Ara
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhay Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1), 61(2)

                   & 3(5) of the BNS and under Section 27 of the Arms Act.

                                3.    The case of the prosecution, in short, is that one

                   Kamlesh Rai has fired at Shivpoojan Rai due to which he died.

                                4. Learned counsel for the petitioner submits that from

                   perusal of the FIR it is clear that there were four persons on bike

                   including the petitioner. Learned counsel for the petitioner has

                   further submitted that only role attributed to the petitioner is that

                   he has identified Shivpoojan Rai and after that Kamlesh Rai has

                   fired. Learned counsel for the petitioner has further submitted that

                   there is direct allegation of firing against Kamlesh Rai and the

                   deceased has received only one gunshot injury. During course of
            Patna High Court CR. MISC. No.13843 of 2026(2) dt.12-03-2026
                                                        2/2




                      investigation police has recorded the confessional statement of this

                      petitioner wherein this petitioner has stated that he has fired at the

                      deceased and concealed the firearm in a white bag in the bush near

                      Purushottampur, Tikapur, Siman. Learned counsel for the

                      petitioner has submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 30.05.2025.

                                   5. Learned trial court has relied mostly on the

                      confessional statement of the petitioner whereas there is direct

                      allegation is against Kamlesh Rai of firing. Only role attributed to

                      this petitioner is that he has identified the deceased.

                                   6. Learned APP appearing for the state has opposed the

                      prayer of regular bail.

                                   7. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Bahoranpur               P.S. Case No. 68 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate-1st Class, Bhojpur at Ara.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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