Patna High Court

RajVivek @ Vivek @ Vivek Kumar @ FirangiversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied as the seriousness of the charges and the petitioner’s criminal antecedents outweighed the presumption of innocence.

Summary

The petitioner, RajVivek Kumar, applied for bail in a criminal case registered under sections 310(4), 310(6), 310(5), 111(1) of the Indian Penal Code and sections 25(1‑B)A, 26, 35 of the Arms Act. The petitioner feared arrest after his name was disclosed by co‑accused persons. The court noted that the petitioner has five prior criminal antecedents, some of which are of a similar nature to the present charges. Considering the seriousness of the offences—murder‑related provisions of the IPC and violations of the Arms Act—and the petitioner’s criminal record, the court examined whether bail could be justified. The court concluded that the nature of the accusations and the antecedents outweighed the petitioner’s right to liberty pending trial. Consequently, the bail application was rejected.

Issues considered

Whether bail should be granted to a petitioner charged with offences under IPC sections 310 and 111 and Arms Act sections 25, 26, 35, given his prior criminal antecedents.

Legislation cited

Arms Act — s. 25(1-B)A, 26, 35
Indian Penal Code — s. 111(1), 310(4), 310(5), 310(6)

Subjects

bail
criminal antecedents
Indian Penal Code
Arms Act
serious offences
pre‑trial liberty

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1915 of 2026
                         Arising Out of PS. Case No.-910 Year-2025 Thana- NAGAR District- Vaishali
                  ======================================================
                  RajVivek @ Vivek @ Vivek Kumar @ Firangi Son of Brajbhushan Singh R/o
                  Village - Kuari Khurd/ Balwa Kurari, P.S - Sadar, District - Vaishali.
                                                                                 ... ... Petitioner/s
                                                    Versus
                  The State of Bihar Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                  For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    29-01-2026                      Heard learned counsel for the parties.

                                     2. Petitioner apprehends arrest in a case registered

                    for the offence punishable under sections 310(4), 310(6),

                    310(5), 111(1) of the Indian Penal Code and Sections 25(1-B)A,

                    26, 35 of the Arms Act.

                                     3. On the basis of disclosure made by the co-

                    accused persons, name of the petitioner came in this case.

                    Petitioner has got five criminal antecedents. Some of which are

                    of similar nature.

                                     4. Considering the nature of accusation and five

                    criminal antecedents, prayer for bail of the petitioner is rejected.


                                           (Prabhat Kumar Singh, J)

khushbu/-

U      T

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