Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

Vikash Kumar was implicated in a case under Sections 25(1‑b)a and 26 of the Arms Act after a pistol and four live cartridges were recovered from his residence. The prosecution alleged possession of illegal arms, while the petitioner contended that no incriminating items were found on his person and he was implicated merely on suspicion. The State highlighted three prior criminal convictions of the petitioner and opposed his request for anticipatory bail. The petitioner’s counsel argued that the lack of direct possession should merit bail. Considering the seriousness of the recovered weapons and the petitioner’s criminal antecedents, the court refused the prayer for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of weapon recovery and prior criminal antecedents.

Legislation cited

Arms Act — s. 25(1-b)a, 26

Subjects

anticipatory bail
Arms Act
weapon recovery
criminal antecedents
bail refusal
suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.203 of 2026
                   Arising Out of PS. Case No.-1102 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Vikash Kumar S/O Yugeshwar Yadav Resident of Village- Dhuriya, P.O-
                 Surangpur, P.S. and District- Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Pathak, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 25(1-b)a, 26 of Arms

                   Act

                                 3. As per prosecution case, one country made pistol

                   and four live cartridges were recovered from the Dalan of this

                   petitioner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                 5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that the petitioner has got three criminal

                   antecedents.
              Patna High Court CR. MISC. No.203 of 2026(2) dt.20-01-2026
                                                          2/2




                                     6. Considering the recovery and criminal antecedents,

                        prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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