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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Vikash Kumar, was arrested in connection with a case involving the recovery of a loaded pistol and cartridges from a co-accused, under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that he was merely a passerby and that no incriminating material was found on him, arguing that his arrest was based solely on suspicion and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner had been in custody since 28‑06‑2025 and had a prior criminal antecedent for which he was on bail. The State opposed bail, but the Court, considering the lack of direct evidence against the petitioner and the period of custody already served, decided to grant bail. The Court ordered the petitioner to be released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act charges given the circumstances of his arrest.
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
  • Whether mere suspicion and the arrest of a passerby justify continued detention.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • suspicion
  • loaded firearm
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81266 of 2025
                     Arising Out of PS. Case No.-251 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Vikash Kumar S/o- Late Madan Rai R/v- Dipau More, W.No-2, Ps- Kotwa
                 Dist- East Champaran
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Sangrampur P.S. Case No. 251 of 2025, instituted for the

                   offences punishable under Sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                                3. The prosecution case, in short, is that there is

                   recovery of one loaded pistol along with two live cartridges

                   from the possession of co-accused person.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. Learned counsel for the petitioner

                   also submitted that the petitioner has got no concern with the
             Patna High Court CR. MISC. No.81266 of 2025(3) dt.09-02-2026
                                                         2/2




                       alleged recovery of arms. It is next submitted that the petitioner

                       was a passerby of that way and was arrested only on the basis of

                       suspicion. The petitioner is in custody since 28.06.2025 and has

                       got one criminal antecedent in which he is on bail. There is no

                       compliance of Section 103 of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023. Learned counsel for the petitioner further submits

                       that other co-accused has been granted regular bail by this Court

                       vide order dated 13.01.2026 passed in Cr. Misc. No. 85900 of

                       2025.

                                    5. Learned APP 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 and taking into account 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 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 Sangrampur P.S.

                       Case No. 251 of 2025.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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