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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.

Summary

Vishal Kumar was arrested in connection with a murder where he is alleged to have instigated a co-accused who shot the victim. He was charged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)a, 26(i)(ii), 27 and 35 of the Arms Act. The petitioner argued that he was not the actual shooter, had a clean antecedent, and had been in custody since 17 May 2025. The State opposed bail, contending the seriousness of the offences. The Court considered the nature of the accusation, the period of custody and the petitioner’s claim of non‑participation in the shooting, and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S., 2023 and the Arms Act
  • Whether the petitioner’s alleged role as an instigator, rather than the actual assailant, warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bihar Narcotic Substances Act
  • instigation
  • principal offender
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87481 of 2025
                         Arising Out of PS. Case No.-49 Year-2025 Thana- KHAIRA District- Jamui
                 ======================================================
                 Vishal Kumar S/O Mithlesh Kumar @ Mithlesh R/O Village - Sagdaha, P.S-
                 Khaira,Dist.- Jamui

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Raj, Adv.
                                                   Mr. Vikas Kr. Jha, Adv.
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for

                   offence under Sections 103(1), 3(5) of the B.N.S., 2023 and

                   Sections 25(1-b)a, 26(i)(ii), 27 & 35 of the Arms Act.

                                 3. Learned counsel for the petitioner submits that as

                   per F.I.R. itself, petitioner is not the assailant of deceased.

                   Petitioner is only alleged to have instigated co-accused Rajan

                   Kumar @ Babua, who shot in the head of deceased (son of

                   informant). Petitioner is in custody since 17.05.2025 and claims

                   clean antecedent. Chargesheet has been submitted.

                                 4. Learned A.P.P. for the State opposes the prayer for

                   bail.
           Patna High Court CR. MISC. No.87481 of 2025(2) dt.30-01-2026
                                                       2/2




                                  5. Considering the nature of accusation and period of

                     custody, let the above named petitioner be released on bail on

                     furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Chief Judicial Magistrate, Jamui in connection with Khaira P.S.

                     Case No. 49 of 2025.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


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