Patna High Court
Vishal Kumarversusthe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail petition is dismissed; the petitioner is not entitled to bail.
Summary
Vishal Kumar was arrested for allegedly firing upon the son of an informant, resulting in the victim's death. He was charged under Sections 118(2), 109(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act. The petitioner applied for bail, claiming innocence, lack of prior criminal record, and that he had been in custody since 27‑11‑2024. The State opposed the bail, emphasizing the specific and serious nature of the accusation. The Patna High Court, after considering the gravity of the offences and the directness of the charge, rejected the bail application and directed the trial court to expedite the trial within one year. The order does not grant any relief to the petitioner.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the seriousness of the offences under the B.N.S. and the Arms Act?
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses that would justify denial of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- serious offence
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67621 of 2025
Arising Out of PS. Case No.-541 Year-2024 Thana- SULTANGANJ District- Bhagalpur
======================================================
Vishal Kumar S/O Late Ajay Yadav Resident of Balu Ghat Road, P.S.-
Sultanganj, District- Bhagalpur
... ... Petitioner/s
Versus
the State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar Jha, Advocate
For the State : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 118(2), 109(1) and 61(2) of
the B.N.S. and Section 27 of the Arms Act.
3. As per F.I.R., it is alleged that this petitioner fired
upon son of informant due to which he died during course of
treatment.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case with ulterior
motive. Moreover, charge-sheet has already been submitted and
petitioner, having no criminal antecedents, is in custody since
27.11.2024.
Patna High Court CR. MISC. No.67621 of 2025(4) dt.30-01-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner and
submitted that petitioner is named in the F.I.R. with specific
accusation that he fired upon son of informant as a result of
which he died during course of treatment.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 27.11.2024, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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