Patna High Court
Vishal Kumar @ FudanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
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
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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
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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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