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Patna High Court

Vivek Kumar Singh @ Anil SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner.

Summary

Vivek Kumar Singh applied for bail in a criminal case (PS No. 1039 of 2025) alleging that he was operating a mini gun factory and facing charges under Sections 112(2)(b) and 111(4) of the BNS, 2023 and Sections 25(1‑Ba), 26(2) and 35 of the Arms Act. The petitioner also has six prior cases pending against him. The Patna High Court, after hearing counsel, considered the seriousness of the alleged offences and the petitioner’s antecedent record. Finding that the allegations indicated a grave threat to public safety, the court declined to grant bail. The order was limited to the bail application and did not prejudice the merits of the trial, and the court also expressed concern over the petitioner’s continued employment pending disciplinary action.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged operation of a mini gun factory and his antecedent criminal record.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • BNS 2023
  • antecedent criminal record
  • mini gun factory

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14294 of 2026
                    Arising out of PS. Case No.-1039 Year-2025 Thana- MOTIHARI TOWN District- East
                                                        Champaran
                 ======================================================
                 Vivek Kumar Singh @ Anil Singh, Son of Late Devendra Singh, Resident of
                 Village- Shirpur Kawaiya, P.S.- Ghorasahan, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

6   25-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Motihari Town P.S. Case

                   No. 1039 of 2025 registered for an offence under Sections

                   112(2)(b) and 111(4) of BNS, 2023 and Sections 25(1-B)a,

                   26(2) and 35 of the Arms Act.

                               3. The allegation is that the petitioner was running a

                   mini gun factory and the petitioner bears antecedent of six

                   cases.

                               4. Considering that the petitioner was running a mini

                   gun factory and the petitioner bears antecedent of six cases, this

                   court is not inclined to grant bail to the petitioner.

                               5. Accordingly, the prayer for bail of the
                       Patna High Court CR. MISC. No.14294 of 2026(6) dt.25-05-2026
                                          2/2




           petitioner is rejected.

                     6. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.

                     7. Let this order be communicated to the Principal,

           MS College, Motihari.

                     8. This Court expresses its surprise as to why this

           person is still in job if disciplinary proceeding is pending against

           the petitioner. The same should be decided expeditiously and it

           is against the interest of the students that he is even being seen

           around campus.



                                          (Ansul, J)
Vikash/-

U      T


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