Patna High Court
Vishal Kumar @ RaftarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Vishal Kumar was arrested in connection with a case registered under sections 309(5), 317(4), 336(3), 338, 340(2) of the BNS and sections 25(1‑b)a, 26 and 35 of the Arms Act after a loaded pistol was recovered from his cowshed. The prosecution relied on a confessional statement of an associate linking the petitioner to the weapons, while the petitioner claimed innocence and alleged that the police failed to comply with the mandatory provisions of Section 105 of the BNSS during the seizure. He has been in judicial custody since 21‑07‑2025 and the State opposed bail on the ground of two prior criminal antecedents. The court examined the seriousness of the offences, the alleged procedural lapses and the petitioner’s right to bail, and decided to grant regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences alleged.
- Whether the alleged non‑compliance with Section 105 of the BNSS renders the seizure illegal and affects bail eligibility.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- regular bail
- procedural lapse
- seizure legality
- Arms Act
- Section 105
- judicial custody
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85732 of 2025
Arising Out of PS. Case No.-598 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Vishal Kumar @ Raftar Son of Yogendra Rai R/o Village - Jaganpura, PS-
Ramkrishna Nagar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309 (5), 317
(4), 336 (3), 338, 340 (2) of the BNS and Section 25 (1-b)a, 26
and 35 of the Arms Act.
3. The case of the prosecution is that from the
cowshed of the petitioner one loaded country made pistol was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
police received information that unknown miscreants were
planning to commit some offence. On receiving such
Patna High Court CR. MISC. No.85732 of 2025(3) dt.05-02-2026
2/2
information, police party reached the spot and apprehended one
Sonu Kumar. Sonu Kumar disclosed the name of Abhishek
Kumar as associate and Abhishek Kumar in his confessional
statement stated that the weapons were to be supplied by the
petitioner. It is further submitted that while making seizure,
police did not comply with the mandatory provision of Section
105 of the BNSS and even the seizure list witnesses are police
personnel. Moreover, the petitioner is languishing in judicial
custody since 21.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail stating that the
petitioner has two criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Ram Krishna Nagar P.S. Case No. 598
of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned JMFC, Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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