Patna High Court
Vikash kumar @ PakaudiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and sureties, with conditions of cooperation and appearance.
Summary
Vikash Kumar was arrested in connection with a case under the Arms Act for allegedly possessing a loaded pistol with a live cartridge. He claimed innocence, arguing that the seizure was illegal because the police did not comply with Section 105 of the BNSS, and that nothing was recovered from his possession. The State opposed bail, citing four prior criminal cases against him. The court examined the procedural lapse claim and the petitioner’s antecedents, and decided to grant bail on the condition that he cooperates with the trial and appears in court as required. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offenses despite alleged procedural irregularities in seizure.
- Whether non‑compliance with Section 105 of the BNSS invalidates the seizure and warrants bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30167 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Vikash kumar @ Pakaudi Son of Nageshwar Rai @ Nageshwar Ray Resident
of village - Muja Bangara, ps- Dewariya, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kotwa P.S. Case No. 454 of 2025 registered for the offence
punishable under Sections 25(1-B)a, 25(1-A), 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one loaded country made pistol
with one live cartridge were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.30167 of 2026(2) dt.07-05-2026
2/2
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
\petitioner is languishing in judicial custody since 23.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of four cases.
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 with the condition
that the petitioner shall cooperate in trial and shall remain
physically present on each and every date fixed by the
learned court below. 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 learned Judicial Magistrate, 1 st Class, East
Champaran, Motihari in connection with Kotwa P.S. Case No.
454 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.