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Patna High Court

Vishal Kumar @ FudanversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court denied regular bail to the petitioner.

Summary

Vishal Kumar @ Fudan was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly firing on an informant’s son and grandson, resulting in the son’s death. The petitioner claimed he was falsely implicated, argued that his name was absent from the FIR, and that no identification parade had been conducted, relying on the confession of co‑accused Sushil Kumar as the sole evidence against him. The prosecution, however, pointed to the FIR based on the informant’s statement, the petitioner’s own confession, and his eleven prior criminal convictions, emphasizing the seriousness of the offences. The High Court examined the material evidence, the petitioner’s criminal antecedents, and the gravity of the charges, and concluded that bail could not be granted. Consequently, the court rejected the petitioner's prayer for regular bail.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving serious offences under the BNS Act and the Arms Act, given his confession and prior criminal record.

Legislation cited

Subjects

  • bail
  • confession
  • criminal antecedents
  • Arms Act
  • Bihar Narcotic Substances Act
  • serious offences
  • identification parade

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23572 of 2026
                     Arising Out of PS. Case No.-110 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Vishal Kumar @ Fudan, aged about 22 years, Male, Son of Sunil Rai,
                 Resident of Village- Chiknauta, P.S.- Hajipur Town, District- Vaishali.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

5   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rajapakar P.S. Case No. 110 of 2025 instituted for the offences

                   punishable under Sections 103(1) and 3(5) of the BNS, 2023

                   and Section 27 of the Arms Act.

                                3. As per the prosecution case, accused persons fired

                   upon the informant, son and grandson due to which her son

                   sustained grievous injury and died during the course of

                   treatment.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that petitioner’s

                   name has not figured in the FIR but the present FIR has been

                   lodged against two motor cycle riders. He further submits that
Patna High Court CR. MISC. No.23572 of 2026(5) dt.24-06-2026
                                            2/3




          co-accused Sushil Kumar and Vishal Kumar @ Fudan were

          arrested in Bidupur P.S. Case No. 229 of 2025 and co-accused

          Sushil Kumar confessed his complicity in the alleged crime with

          the petitioner. He next submits that the petitioner was arrested

          by the police and confessed his guilt and was remanded in the

          present case. He lastly submits that petitioner has not been

          arrested from the spot and all the allegation leveled against him

          is false and concocted. He again submits that there is no Test

          Identification Parade conducted till date and except confession

          of co-accused Sushil Kumar no evidence found against the

          petitioner. Petitioner has got 11 (eleven) criminal antecedents as

          stated in para 3 of the petition and he is in custody since

          06.05.2025.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, case diary, postmortem

          report, status report and also perused the impugned order dated

          30.01.2026 passed by the learned Sessions Judge, Vaishali,

          Hajipur, it appears that on the basis of fardbeyan         of the

          informant (mother of the deceased), FIR has been registered

          under Sections 103(1) and 3(5) of the BNS, 2023 and Section 27

          of the Arms Act against the petitioner. It also appears that
            Patna High Court CR. MISC. No.23572 of 2026(5) dt.24-06-2026
                                                        3/3




                      during investigation petitioner was arrested by the police and

                      has confessed his guilt.           Petitioner has 11 (eleven) criminal

                      antecedents and the offences are serious in nature. From perusal

                      of the status report vide letter no. 95/2026 dated 18.05.2026, it

                      appears that the chargesheet has been submitted on 30.06.2025

                      and police paper has been received by three accused persons and

                      for the fourth co-accused, police paper has been sent through

                      Jail Superintendent, Alipore, West Bengal and the next date of

                      hearing is 25.05.2026, trial is in progress, so considering the

                      facts and circumstances of the case and submissions of learned

                      counsel for the parties, I am not inclined to grant regular bail to

                      the petitioner.

                                   7. Prayer for regular bail of the petitioner is hereby

                      rejected.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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