Patna High Court
Vibhishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
Vibhishan Kumar was arrested on 20-11-2025 for alleged possession of a country-made pistol loaded with a cartridge, charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act read with Section 317(5) of the Bihar Negotiable Instruments Act. The petitioner claimed innocence, clean antecedents and applied for regular bail. The State opposed the bail on the ground of the seriousness of the firearm offence. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount and to attend the police station on the first and third Sundays of each month. The Court also ordered verification of the petitioner’s antecedents before accepting the bond, without causing undue delay. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused charged under the Arms Act for possession of a loaded firearm.
- Whether the conditions imposed by the Court are appropriate and lawful.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Instruments Act — s. 317(5)
Subjects
- bail
- Arms Act
- possession of firearm
- regular bail
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15911 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- Lokha District- Supaul
======================================================
Vibhishan Kumar S/o Shatrughan Yadav R/o vill - Chikni Fulkaha, ward no.
3, P.S.- Gamharia, Distt.- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Laukaha P.S. Case No. 97 of 2025 registered for the offence
under Sections 25(1-b)a, 26 & 35 of Arms Act read with Section
317(5) of B.N.S.
3. As per the prosecution case, the recovery of one
country-made pistol, loaded with one cartridge has been made
from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner is in custody since 20.11.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.15911 of 2026(3) dt.14-05-2026
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6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds 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 with Laukaha P.S. Case
No. 97 of 2025 with condition that:-
(i) The petitioner will mark his
attendance at the Gahmaria Police Station
on the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii) At the time of acceptance of
bail bonds, the court below shall verify the
antecedents of the petitioner. The bail bonds
shall be accepted only upon confirmation
that the petitioner has no criminal
antecedent. However, such verification shall
not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. 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
Patna High Court CR. MISC. No.15911 of 2026(3) dt.14-05-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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