Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioner.

Summary

Vishal Kumar applied for anticipatory bail after the police, acting on information from co-accused Kundan Kumar, named him as an alleged participant in a disturbance involving firearms. The FIR alleged offences under several sections of the Bharatiya Nyaya Sanhita and the Arms Act, but no incriminating material was found on Vishal Kumar and the case against him rested solely on Kundan Kumar's confessional statement. The petitioner, who already had a criminal antecedent for which he was out on bail, asserted his innocence. The State opposed the bail application. The High Court, considering the nature of the allegations and the lack of direct evidence, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted when the accusation is based solely on a co-accused's confessional statement
Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail
Whether the provisions of the Bharatiya Nyaya Sanhita and Arms Act justify denial of bail

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 115(2), 118, 126(2), 191(2), 191(3), 3(5)

Subjects

anticipatory bail
confessional statement
co-accused testimony
arms possession
criminal antecedent
Bharatiya Nyaya Sanhita
Arms Act
Section 482(2) Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5174 of 2026
                  Arising Out of PS. Case No.-194 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Vishal Kumar Son of Mahaveer Ray Resident of Ward No. 10, Village-
                 Fatehpur Bala, P.S.- Musarigharari, District- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 191(2), 191(3), 126(2),

                   115(2), 118, 3(5) of the Bharatiya Nyaya Sanhita and Section

                   25(1-b)a, 26, 35 of Arms Act.

                                3. As per F.I.R., on 27.10.2025 at about 11:15 AM,

                   informant received confidential information that some unknown

                   miscreants were creating disturbance and assaulting people with

                   weapons. Thereafter, police reached at the spot and apprehended

                   co-accused Kundan Kumar who disclosed the name of this

                   petitioner as one of the persons who succeeded in escaping from

                   the spot. On search, one country made pistol was recovered

                   from the possession of co-accused Kundan Kumar.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.5174 of 2026(2) dt.03-02-2026
                                                          2/2




                        petitioner is innocent and has committed no offence. No

                        incriminating material has been recovered from conscious

                        possession of the petitioner and he has been made accused in

                        this case merely on the basis of confessional statement of co-

                        accused Kundan Kumar. Petitioner has got one criminal

                        antecedent in which he is on bail.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Samastipur in connection with Musarigharari P. S. Case No. 194

                        of 2025, subject to condition as laid down under Section 482(2)

                        of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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