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Patna High Court

Vishal Kumar @ FudanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner on the condition of a bond and sureties.

Summary

Vishal Kumar was charged under Sections 109, 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly firing at an informant while riding a motorcycle. The petitioner claimed innocence, argued lack of incriminating material, and sought bail despite having 11 prior criminal antecedents and being in custody since 23‑04‑2025. The State opposed bail, emphasizing the seriousness of the offences. The High Court, after considering that no actual harm was caused and the petitioner had been in custody for a considerable period, granted bail on the condition of a Rs.10,000 bond with two sureties. The order was made on a prima facie basis and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences and his prior criminal record

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • offences against person
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35180 of 2026
                        Arising Out of PS. Case No.-129 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Vishal Kumar @ Fudan Son of Sunil Rai, Resident of Village- Chiknauta, PS-
                 Hajipur Town, Dist- Vaishali.
                                                                              ... ... Petitioner
                                                Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :        Mr. (Dr.) Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   21-05-2026                     The matter was heard via video conferencing

                   mode.

                                   2. Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   3. The petitioner seeks bail in connection with

                   Hajipur Town P.S. Case No. 129 of 2025 registered for the

                   offences punishable under Sections 109, 352, 351(2) and 3(5) of

                   the B.N.S., 2023 and Section 27 of the Arms Act.

                                   4. As per prosecution case, while the informant was

                   going towards a grocery shop, in the meantime, the petitioner

                   along with one co-accused came riding on a motorcycle and

                   fired gunshots on the informant, who somehow saved himself

                   by taking shelter. The petitioner threatened the informant and

                   fled away.

                                   5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35180 of 2026(2) dt.21-05-2026
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          petitioner is innocent and he has falsely been implicated in the

          present case. Nothing incriminating has been recovered from the

          conscious possession of the petitioner. Learned counsel lastly

          submits that petitioner has 11 criminal antecedent and he is in

          custody since 23.04.2025.

                          6. Learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                          7.     Considering         the       aforesaid   facts   and

          circumstances of the case and also the fact that no harm was

          caused to anybody and further considering petitioner’s period of

          custody, this Court is inclined to grant bail to the petitioner.

                          8. Accordingly, let the petitioner, above-named, be

          released on bail after framing of charge, if not framed as yet,

          on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

          Only) with two sureties of the like amount each to the

          satisfaction of the learned Judicial Magistrate 1st Class, Vaishali

          at Hajipur, in connection with Hajipur Town P.S. Case No. 129

          of 2025. If the charge has already been framed, the petitioner

          shall be released forthwith.

                          9. It is made clear that any observation made herein

          is prima facie in nature and limited solely for the purpose of
          Patna High Court CR. MISC. No.35180 of 2026(2) dt.21-05-2026
                                                      3/3




                    adjudication of the present bail application. Such observation

                    shall not be construed as an expression on the merits of the case

                    and shall not influence the trial or any other proceedings in any

                    manner.


                                                                         (Ansul, J)

Shahnawaz/-

U     T


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