Patna High Court

Vikas Kumar @ Vikash KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to bond and surety conditions, as the charge sheet was filed and no prior criminal record existed.

Summary

The petitioner, Vikas Kumar, was arrested on 8 September 2025 in connection with a case alleging possession of three country-made pistols under Sections 25(1‑b)a, 26 and 35 of the Arms Act. He claimed to have no criminal antecedents and asserted that the arms were not recovered from his conscious possession, alleging false implication. The prosecution opposed bail, while the petitioner’s counsel highlighted the absence of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The court noted that the charge sheet had already been filed and considered the petitioner’s custody period and lack of prior record. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties, one of whom must be a close family member, and required the petitioner’s regular appearance in court.

Issues considered

Whether bail should be granted to the accused under the Arms Act offences.
Whether the non‑compliance with Section 103 of the BNSS Act, 2023, affects the grant of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35

Subjects

bail
Arms Act
false implication
charge sheet
Section 103 BNSS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80451 of 2025
                      Arising Out of PS. Case No.-431 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Vikas Kumar @ Vikash Kumar Son of Suryadeo Paswan @ Sury Dev Ram
                 R/o Village - Kochad, P.S. - Barun, Dist. - Aurangabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State. Perused the case diary.

                           2.      The petitioner seeks bail in connection with Barun

                   P.S. Case No. 431 of 2025 instituted for the offence under

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

                           3.      Prosecution case in short is that there is recovery of

                   three country made pistols from the house of the petitioner and

                   other co-accused.

                           4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 08.09.2025. Petitioner

                   bears no criminal antecedents, as per disclosure made in

                   paragraph No. 3 of the bail application.

                           5.      It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.80451 of 2025(3) dt.11-02-2026
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          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, after framing

          of charge, if not already framed, 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 Barun P.S. Case No. 431 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
           Patna High Court CR. MISC. No.80451 of 2025(3) dt.11-02-2026
                                                       3/3




                     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.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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