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Patna High Court

Vibhishan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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