Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the nature of the accusation, the period of custody and the filing of a charge‑sheet, the petitioner is entitled to regular bail.
Summary
The petitioner, Vikash Kumar, was arrested after a police raid recovered a pistol and live cartridges, and he fled the scene. He contended that he was falsely implicated by a co-accused and that no incriminating material was found in his possession. The State opposed his regular bail application under Sections 25(1‑B)a and 26 of the Arms Act. The court examined the nature of the accusation, the period of custody since February 2026, and the fact that a charge‑sheet had already been filed. Finding no direct link between the petitioner and the seized weapon, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 25(1‑B)a and 26 of the Arms Act
- Whether the petitioner’s alleged involvement in the seizure of a firearm warrants continued detention
Legislation cited
- Arms Act — s. 25(1-B)a, 26
Subjects
- regular bail
- Arms Act
- firearm seizure
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36536 of 2026
Arising Out of PS. Case No.-1102 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Vikash Kumar S/o Late Yugeshwar Yadav Resident Of Village- Dhuriya, P.S.-
Kalpa, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Jehanabad P. S. Case No. 1102 of 2025 registered for the
offences punishable under Sections 25(1-B)a, 26 of Arms Act.
3. As per prosecution case, on 21.10.2025, on secret
information, a raid was conducted in the house of this petitioner
and upon seeing the police party, petitioner fled away. On
search, one country made pistol and four live cartridges were
recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case at the instance of co-
accused Vijay Kumar, who is on inimical terms with petitioner.
Patna High Court CR. MISC. No.36536 of 2026(2) dt.03-07-2026
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No incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner is in custody since 03.02.2026 and
charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, period of
custody and the fact that charge-sheet has been submitted, this
bail application is allowed. The petitioner, above named, is
directed to be released on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Jehanabad in connection with Jehanabad P. S. Case No. 1102 of
2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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