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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 3(5), 351(2), 352
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
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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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