Patna High Court
Vikesh Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
Vikesh Kumar was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances Act and the Arms Act after police recovered a pistol, a live cartridge and a mobile phone during a search. The petitioner claimed innocence, asserting that no incriminating items were found on his person and that the police failed to comply with Section 105 of the B.N.S. during the seizure. He had been in judicial custody since 16 October 2025 and argued that he was falsely implicated. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court considered the procedural lapse and the circumstances of the case and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving serious narcotic and arms offences.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure warrants bail.
- Impact of the petitioner’s prior criminal antecedent on the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 105, 111, 310(4), 310(5), 310(6), 317(2), 317(4), 317(5), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- narcotic offences
- arms possession
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14271 of 2026
Arising Out of PS. Case No.-670 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Vikesh Kumar @ Vikash Kumar, S/o Lalbachan Rai, R/o Village - Dostiya,
P.S - Lakhaura, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No.670 of 2025 registered for the
offence punishable under Sections 310(4), 310(5), 310(6),
317(2), 317(4), 317(5), 111, 338, 336(3), 340(2) and 3(5) of
B.N.S. and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had information that the miscreants have gathered to commit
some offence. On this input, search was made and it is alleged
that from the possession of this petitioner, one country made
pistol, one live cartridge and a mobile were recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14271 of 2026(2) dt.25-02-2026
2/2
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He has no concern with the alleged recovery. Nothing
incriminating has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of B.N.S.S. while making the seizure. He
is languishing in judicial custody since 16.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Motihari, East Champaran in connection
with Muffasil P.S. Case No. 670 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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