Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted; the application was dismissed.
Summary
Vishal Kumar applied for bail in a case registered under Sections 126(2), 74, 109(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The allegations stem from an incident where Shubham Mishra and others fired at the informant’s house and his cousin’s shop, and the petitioner’s name appeared in Mishra’s self‑inculpatory statement. The informant and a witness, Aditya Kumar, also identified the petitioner during the investigation. The petitioner had been in custody since 7 February 2026. The Court, after considering the seriousness of the allegations and the material linking the petitioner to the crime, declined to grant bail and dismissed the application, noting that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the allegations and the evidentiary material linking him to the offences.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 126(2), 3(5), 351(2), 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- self‑inculpatory statement
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26937 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Vishal Kumar S/O Nagendra Rai Resident of Village- Gamhariya, P.S.-
Banjariya, Dist.- East Champaran- 845301
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nand Kumar Sagar, Advocate
For the State : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Motihari Town P.S. Case No. 121 of 2026 registered for the
offence punishable under Sections 126(2), 74, 109(1), 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. One Shubham Mishra and others repeatedly fired
on the house of the informant and the shop of the cousin brother
of the informant. The name of the petitioner has come in the self
inculpatory statement of Shubham Mishra. Further, the
informant and the witness Aditya Kumar have identified this
petitioner during investigation.
Patna High Court CR. MISC. No.26937 of 2026(2) dt.22-04-2026
2/2
4. The petitioner is in custody since 07.02.2026.
5. Considering the nature of allegation and the fact
that the materials have come during investigation to connect to
the petitioner with the crime, I am not inclined to grant bail to
the petitioner.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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