Patna High Court
Vikash Kumar @ Blackberry @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the investigation failed to comply with Sections 103 and 105 of the BNSS Act, 2023.
Summary
Vikash Kumar was arrested on 14 September 2025 in connection with a case involving alleged possession of two country‑made pistols, 20 live cartridges and extortion, charged under several sections of the Bihar Narcotic Substances (BNSS) Act, 2023 and the Arms Act. The prosecution presented the seized weapons and a confession, while the petitioner claimed innocence and argued that the investigation violated Sections 103 and 105 of the BNSS Act. The State highlighted the recovery of arms from the petitioner’s house and his eight prior criminal antecedents. The court noted the procedural lapse under the BNSS Act and, despite the seriousness of the offences, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences and the recovery of arms from his premises.
- Whether non‑compliance with Sections 103 and 105 of the BNSS Act, 2023 warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
Subjects
- bail
- procedural compliance
- arms possession
- extortion
- criminal antecedents
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5180 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Vikash Kumar @ Blackberry @ Vikas Kumar S/O Surendra Rai R/O
Mohalla- Jhauganj Ghat, P.S.- Chowk, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-03-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner and Mr. Awadhesh Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.09.2025 in connection with Chowk P.S. Case No. 370 of
2025, F.I.R. dated 13.09.2025 for the offences punishable under
Sections 308(3), 308(4), 308(5), 318(40, 61(2), 112(2) and 395)
of the BNS, 2023 and Sections 25(1-b)a, 26 and 35 of the Arms
Act.
3. According to prosecution case, a raid was
conducted by the police personnel where two country made
pistols and 20 live cartridges were found from the house of the
petitioner who also confessed that he along with other accused
persons purchased these weapons and used them for demanding
Patna High Court CR. MISC. No.5180 of 2026(3) dt.17-03-2026
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extortion money.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R as
well as seizure lists that altogether 2 country made pistols and
20 live cartridges have been recovered from the house of the
petitioner. There is non-compliance of Section 103/105 of the
BNSS, 2023. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 14.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the house of the
petitioner and apart from that the petitioner carries eight
criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances
that there is non-compliance of Sections 103/105 of the BNSS,
2023, let the petitioner, above named, 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
Additional Chief Judicial Magistrate-VI, Patna City in
connection with Chowk P.S. Case No. 370 of 2025, subject to
Patna High Court CR. MISC. No.5180 of 2026(3) dt.17-03-2026
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the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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