Patna High Court
Vishnu Kushwaha @ Vishanu Kushwaha @ Vishanu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Vishnu Kushwaha was arrested in connection with a case registered under Section 109 of the BNS, Section 27 of the Arms Act, Sections 8 and 10 of the POCSO Act and Section 64 of the BNS, alleging that he fired at the informant's house with the intent to kill the informant's daughter, with whom he had a prior relationship. The petitioner sought bail, arguing that the FIR was based only on suspicion, no person was injured, only window panes were broken, and that he had no prior criminal record and had been in custody since 13‑02‑2026. The State and the informant opposed the bail. After hearing both sides, the Patna High Court considered the facts, the seriousness of the offences and the lack of injury, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Arms Act, POCSO Act and other serious offences.
- Whether the evidence in the FIR is sufficient to justify continued detention.
- Whether the petitioner’s lack of prior criminal record warrants bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- POCSO Act
- firearms
- Patna High Court
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26834 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- HATHUA District- Gopalganj
======================================================
Vishnu Kushwaha @ Vishanu Kushwaha @ Vishanu Kumar S/O Ramashray
Bhagat Resident of Vill.- Barawa Kaparpura, P.O and P.s- Hathua,Dist-
Gopalganj ... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o- Y Resident of Village Palni, P.S. Manpur, District- Nalanda, at
present R/o- Ratanchak Naya Tola, P.S. Hathua, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Prasad, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
For the Informant : Mr. Bhim Sen Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection with
Hathua P.S. Case No.48 of 2026 registered for the offence
punishable under Section 109 of the BNS, under Section 27 of the
Arms Act and under Sections 8 and 10 of POCSO Act and under
Section 64 of the BNS.
3. The case of the prosecution, in short, is that the
petitioner has made firing at the house of the informant due to
which the window panes were broken. The petitioner has fired to
kill the daughter of the informant as the petitioner was having
relationship with the daugther of the informant prior to the
occurrence and was pressurizing the daughter of the informant for
Patna High Court CR. MISC. No.26834 of 2026(2) dt.22-04-2026
2/2
continuing the relation.
4. Learned counsel appearing on behalf of the petitioner
has submitted that from perusal of the FIR it is clear that the name
of this petitioner is based only on suspicion. It has further been
submitted that only allegation against the petitioner is that of
firing and nobody has received any injury. Only the window panes
were broken due to firing. Learned counsel for the petitioner has
submitted that the petitioner is having no criminal antecedent and
he is in judicial custody since 13.02.2026.
5. The application for bail is opposed by learned
counsel for the Informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the court of learned
District & Additional Sessions Judge-VI-cum-Spl. Judge,
POCSO, Gopalganj in connection with Hathua P.S. Case No.48 of
2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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