Patna High Court

Vishal Kumar @ Vishal SahaniversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The court held that pre‑arrest bail could not be granted in view of the petitioner’s criminal antecedent and the seriousness of the offences.

Summary

Vishal Kumar applied for pre‑arrest bail in a case registered under IPC sections 414, 420, 467, 468, 34 and Arms Act sections 25(i)(b)(a), 26 and 35. The court examined the petitioner’s criminal antecedent, the seriousness of the alleged offences as detailed in the FIR, and the alleged complicity of the petitioner in the crime. Considering these factors, the judge found that the circumstances did not warrant the grant of bail. The application for pre‑arrest bail was therefore rejected. The bail application was dismissed, leaving the petitioner in custody pending trial.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite the seriousness of the offences and his criminal antecedent

Legislation cited

Arms Act — s. 25(i)(b)(a), 26, 35
Indian Penal Code — s. 34, 414, 420, 467, 468

Subjects

pre‑arrest bail
criminal antecedent
IPC
Arms Act
seriousness of offence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.59038 of 2025
                     Arising Out of PS. Case No.-299 Year-2023 Thana- DHAKA District- East Champaran
                  ======================================================
                  Vishal Kumar @ Vishal Sahani, Male, Aged about 30 years, Son of Ajay
                  Sahani, Resident of Badha Bharti, P.S.- Minapur, District- Muzaffarpur
                                                                                ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Kundan Rathore @ Kundan Kumar, Adv.
                  For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

5    20-04-2026                      Heard Mr. Kundan Rathore @ Kundan Kumar,

                    learned counsel appearing on behalf of the petitioner and Mr.

                    Ajit Kumar, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Dhaka P.S. Case No. 299 of 2023 registered for the offence

                    punishable under Sections 414, 420, 467, 468, 34 of the Indian

                    Penal Code and Sections 25(i)(b)(a)/26/35 of the Arms Act.

                                 3. Considering the criminal antecedent of the

                    petitioner, as well as, seriousness of crime as narrated in the FIR

                    and the complicity of the petitioner in the said crime, I am not

                    inclined to enlarge the petitioner on pre-arrest bail.

                                 4. Accordingly, the present bail application stands

                    dismissed.


                                                          (Purnendu Singh, J)

Niraj/-
U       T

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