Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.