Patna High Court

Vikash Kumar @ Vikash RaiversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to a bond and specific conditions.

Summary

Vikash Kumar was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a loaded country‑made pistol was recovered. The petitioner contended that he was falsely implicated, that no weapon was found in his possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s three prior criminal antecedents. After considering the custody period, the lack of direct possession of the weapon, and the procedural lapse, the court decided to grant bail. Bail was conditioned on a Rs 15,000 bond with two sureties, a family member as one bailor, mandatory appearance at every trial date, and a provision for cancellation if evidence or witnesses were tampered with.

Issues considered

Whether bail should be granted in offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act.
Whether the lack of direct possession of the weapon and alleged false implication justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
false implication
criminal antecedents
Section 103 BNSS 2023
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74083 of 2025
                     Arising Out of PS. Case No.-368 Year-2025 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Vikash Kumar @ Vikash Rai S/O Rajesh Yadav @ Nakat Gope @ Rajeshwar
                 Rai @ Rajesh Gop Resident of Digha Patipul, Pathar Gali, P.S- Digha,
                 District- Patna.


                                                                                 ... ... Petitioner/s
                                                      Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Rajiv

                   Nagar P.S. Case No. 368 of 2025 instituted for the offences

                   under Sections 25(1-b)a, 26, 35 of the Arms Act.

                               3. As per the F.I.R., one loaded country-made pistol

                   has been recovered from the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.74083 of 2025(2) dt.02-02-2026
                                             2/3




          that petitioner has got no concern with the recovered arms and

          ammunitions. It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 13.06.2025 and has three

          criminal antecedents. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                        6. Considering the aforesaid facts and circumstances

          of the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Rajiv Nagar P.S.

          Case No. 368 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.74083 of 2025(2) dt.02-02-2026
                                                       3/3




                                  (III) 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.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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