Created by Fuzzy Cloud

Patna High Court

Vishnu Kushwaha @ Vishanu Kushwaha @ Vishanu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.