Created by Fuzzy Cloud

Patna High Court

Vishwakarma Kumar @ Deepak Kumar @ Deepak @ Vish Karma KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations were specific and the petitioner had prior criminal antecedents.

Summary

The petitioner, Vishwakarma Kumar, sought anticipatory bail after being named in an FIR alleging that he, along with others, entered the informant's shop on 19-09-2025, destroyed a CCTV camera, forcibly closed the shop and threatened the informant, and repeated similar acts on 20-09-2025. The prosecution charged him under Sections 324(4) and 3(5) of the B.N.S. and Sections 25(1‑B)(a), 26, 35 and 27 of the Arms Act. The petitioner contended that he was falsely implicated and maintained his innocence, while the State highlighted the specific accusations and his two prior criminal antecedents. The court examined the specificity of the allegations, the seriousness of the offences, and the petitioner’s criminal record. Concluding that the nature of the accusation was direct and the antecedents were material, the court rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and his criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Arms Act
  • assault
  • destruction of property
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7026 of 2026
                    Arising Out of PS. Case No.-191 Year-2025 Thana- JURAWANPUR District- Vaishali
                 ======================================================
                 Vishwakarma Kumar @ Deepak Kumar @ Deepak @ Vish Karma Kumar
                 S/O Raj Kumar Ray R/O Vill.- Jurawanpur Barati, P.S.- Jurawanpur, District-
                 Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ravish Mishra, Advocate
                 For the State           :        Mr. Yogendra Kumar, APP
                 For the Informant       :        Mr. Rajni Kant, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 324(4) and

                   3(5) of the B.N.S. and Sections 25(1-B)(a), 26, 35 and 27 of the

                   Arms Act.

                                3. As per prosecution case, on 19.09.2025 at about

                   9:30 PM, this petitioner, along with another F.I.R. named and

                   five unknown accused persons, came to the shop of informant

                   and thereafter, this petitioner fired on the C.C.T.V. camera and

                   destroyed the same and forcibly closed the shop and threatened
             Patna High Court CR. MISC. No.7026 of 2026(2) dt.19-02-2026
                                                         2/2




                       the informant. It is further alleged that on 20.09.2025, the

                       accused persons again came to the shop of informant, fired three

                       bullets and again threatened the informant.

                                    4. It is submitted by learned counsel appearing on

                       behalf of the petitioner that petitioner is quite innocent and has

                       committed no offence. Petitioner has falsely been implicated in

                       this case with ulterior motive.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the informant have vehemently opposed the

                       prayer for grant of anticipatory bail to the petitioner and

                       submitted that petitioner is named in the F.I.R. with specific

                       accusation that he, along with other accused persons, came to

                       the shop of informant, fired and destroyed the C.C.T.V. camera

                       and threatened the informant. Petitioner has got two criminal

                       antecedents.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation       and criminal

                       antecedents of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.