Patna High Court

Vishvjit Kumar @ Vishwajeet KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied because arms and ammunition were recovered from the petitioner’s house and he has prior criminal antecedents.

Summary

The petitioner, Vishvjit Kumar, applied for bail after being in custody since 7 June 2025 in connection with a case involving alleged possession of arms and ammunition. He is charged under Sections 132, 109, 186, 317(5) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑A), 25(1‑B)(a), 26, 27 and 35 of the Arms Act, 1959. The prosecution presented a seizure list showing multiple loaded INSAS rifle magazines and live rounds recovered from the petitioner’s house, and highlighted five prior criminal antecedents. The petitioner claimed innocence and alleged that the FIR was fabricated. The Court, after considering the seriousness of the arms recovery and the petitioner’s antecedents, declined to grant bail. Consequently, the petition for bail was refused.

Issues considered

Whether bail should be granted to the petitioner despite the recovery of arms and ammunition from his residence.
Whether the petitioner’s prior criminal antecedents justify denial of bail.
Whether the nature of the offences under the BNS Act, 2023 and the Arms Act, 1959 warrants refusal of bail.

Legislation cited

Arms Act, 1959 — s. 25(1-A), 25(1-B)(a), 26, 27, 35
Bihar Narcotic Substances Act, 2023 — s. 109, 132, 186, 317(5), 3(5)

Subjects

bail
arms seizure
criminal antecedents
Bihar Narcotic Substances Act
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83914 of 2025
                     Arising Out of PS. Case No.-113 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Vishvjit Kumar @ Vishwajeet Kumar S/O Parshuram Singh Resident of
                 Village- Sultanpur East, P.S.- Mohiuddin Nagar, Dist.- Samastipur
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhumay Madhup, Advocate
                                                 Mr. Nilabh Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   19-01-2026                     Heard Mr. Madhumay Madhup, learned counsel for

                   the petitioner and Mr. Kalyan Shankar, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   07.06.2025 in connection with Mohiuddin Nagar P.S. Case No.

                   113 of 2025, F.I.R. dated 06.06.2025 for the offences punishable

                   under Sections 132, 109, 186, 317(5) and 3(5) of the BNS, 2023

                   and Sections 25(1-A), 25(1-B)(a), 26, 27 and 35 of the Arms

                   Act, 1959.

                                3. According to prosecution case, huge amount of

                   arms and ammunition have been recovered from the house of

                   the accused persons including this petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the F.I.R is false and

                   fabricated and the petitioner has not committed any offence as
            Patna High Court CR. MISC. No.83914 of 2025(3) dt.19-01-2026
                                                        2/2




                      alleged in the F.I.R.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that it appears from the F.I.R as well as seizure list that

                      three loaded INSAS rifle magazines recovered from truck, one

                      magazine, LOT-99/207, contained a total of 18 live rounds with

                      the marking OFV125.56 on their base, another magazine, SPP

                      10, contained 18 live rounds with AURO10 on their base, the

                      third magazine contained a total of 17 live rounds, of these, 13

                      had OFV125.6 on their base, two had KF135.56, one had

                      SB035.56, and one had KF975.56 were recovered from different

                      parts of the house of the petitioner. The petitioner carries five

                      criminal antecedents other than the present one.

                                   6. Considering the aforesaid facts and circumstances

                      that the alleged arms and ammunition have been recovered from

                      the house of the petitioner, I am not inclined to enlarge the

                      petitioner on bail in connection with Mohiuddin Nagar P.S. Case

                      No. 113 of 2025 pending in the court of learned SDJM, Sahapur

                      Patory at Samastipur.

                                   7. Prayer is refused.


                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T

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