Created by Fuzzy Cloud

Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.