Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Vivek Kumar was arrested in connection with a case registered under Sections 111(3) and 313 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act, after two live cartridges and a mobile phone were allegedly recovered from his possession. The petitioner, who has been in custody since 8 December 2025 and has no prior criminal record, claimed he was falsely implicated and that the arms were not in his conscious possession. He also contended that the police had not complied with Section 103 of the BNSS, which mandates certain investigative procedures. The State opposed the bail application, arguing the seriousness of the offences. Considering the charge‑sheet had been filed, the petitioner’s clean antecedents, the period of custody, and the alleged procedural lapse, the Court granted bail on a bond of Rs 15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 111(3) and 313 of the BNSS and Sections 25(1‑b)a, 26 and 35 of the Arms Act.
- Whether the alleged non‑compliance with Section 103 of the BNSS warrants denial of bail.
- Whether the petitioner’s lack of prior criminal record and the duration of custody justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 103, 111(3), 313
Subjects
- bail
- criminal procedure
- arms possession
- false implication
- Section 103
- BNSS
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7178 of 2026
Arising Out of PS. Case No.-736 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Vivek Kumar S/o Yogendra Rai R/o Village- Dulahpur, P.S - Kathara
(Goraul), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Goraul
(Kathara) P.S. Case No. 736 of 2025 instituted for the offence
under Sections 111(3) & 313 of the Bharatiya Nyaya Sanhita,
2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. Prosecution case in short is that there is recovery of
two live cartridges and one mobile phone from the possession of
the petitioner.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 08.12.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.7178 of 2026(3) dt.24-02-2026
2/2
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. It is submitted that petitioner has no concern with the
recovered arms. Nothing has been recovered from the conscious
possession of the petitioner. Learned counsel next submits that
police after investigation has already submitted charge sheet in
this case. There is no compliance of Section 103 of the BNSS,
2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge-sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Goraul (Kathara)
P.S. Case No. 736 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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