Patna High Court
Vimlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted in view of the gravity of the offences and the prima facie material against the petitioner.
Summary
Vimlesh Kumar was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, alleging that he fired indiscriminately at an informant, causing firearm injury, and that a country‑made pistol and ammunition were recovered from him. The petitioner sought regular bail, claiming innocence, while the State opposed, asserting serious and grave allegations with prima facie material linking the petitioner to the offence. The Patna High Court examined the gravity of the charges and the presence of prima facie evidence. Considering the seriousness of the offences, the Court declined to grant regular bail. The bail application was dismissed, with the Court indicating that the petitioner could re‑apply if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences and the existence of prima facie evidence.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- regular bail
- criminal procedure
- firearms
- Arms Act
- serious offence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43200 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Vimlesh Kumar S/o Mahendra Yadav Resident of Village- Tulsipur, P.S -
Makhdumpur, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Makhdumpur P.S. Case No. 138 of 2026 registered for the
offence under Sections 126(2), 115(2), 109, 352, 351(2), 351(3),
3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-
B)a, 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, the petitioner is alleged
to have fired indiscriminately upon the informant causing
firearm injury. It is further alleged that a country-made loaded
pistol, five live cartridges, and one empty cartridge were
recovered from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.43200 of 2026(2) dt.02-07-2026
2/2
Petitioner is in custody since 16.02.2026.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed for the present. If the trial is delayed by the
prosecution, the petitioner may renew his prayer for bail.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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.
(Sandeep Kumar, J)
Shishir/-
U T
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