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Patna High Court

Vishal Kumar @ RaftarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

  • Arms Act — s. 25(1‑b)a, 26, 35
  • BNS — s. 309(5), 317(4), 336(3), 338, 340(2)
  • BNSS — s. 105

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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