Patna High Court
VIVEK KUMAR @ GOLU @ GOLU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to the petitioner.
Summary
The petitioner, Vivek Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109/3(5) of the B.N.S. and Section 27 of the Arms Act. The FIR specifically accuses co‑accused Annu of causing firearm injury, while the petitioner is alleged to have fired indiscriminately but without causing any injury. The State opposed the bail, emphasizing that the petitioner is named in the FIR with a specific charge of firing and has five prior criminal convictions. The petitioner’s senior counsel argued that the lack of injury and the separate accusation against Annu should merit bail. The Court, after considering the seriousness of the allegations and the petitioner’s criminal antecedents, rejected the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite being named in the FIR and having multiple prior convictions
- Whether the nature of the alleged firearm offence under the B.N.S. and Arms Act justifies denial of bail
Legislation cited
Subjects
- anticipatory bail
- criminal antecedent
- firearm injury
- Arms Act
- Section 27
- B.N.S.
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4567 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
VIVEK KUMAR @ GOLU @ GOLU KUMAR S/o- Vinod Paswan Resident
of Village- Paswan Chowk Police Station- Sadar District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Adv.
Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 126(2)/115(2)/109/3(5)
of the B.N.S. and Section 27 of the Arms Act.
3. Learned senior counsel for the petitioner submits
that as per F.I.R., specific accusation of causing fire-arm injury
is against co-accused Annu. So far as this petitioner is
concerned, it is alleged that this petitioner fired indiscriminately
but no injury was caused to anyone.
4. Learned A.P.P. for the State vehemently opposes
prayer for anticipatory bail and submits that petitioner is named
in the F.I.R. with specific accusation that he also fired. Besides
this, petitioner has got five criminal antecedent.
Patna High Court CR. MISC. No.4567 of 2026(2) dt.11-02-2026
2/2
5. Considering the nature of accusation and criminal
antecedent, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
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