Patna High Court

Vishal Kumar @ Vishal Kumar PaswanversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL REJECTED
Bench: SHAILENDRA SINGH

Holding

The court denied bail, finding the petitioner not fit for release.

Summary

Vishal Kumar, a waiter, was charged under Section 307 IPC and Section 27 of the Arms Act for allegedly firing a pistol at his employer, Manoj Kumar, causing a neck injury on 12 July 2015. The petitioner applied for regular bail, contending that the injury was simple, he had been in custody since July 2025, and he voluntarily surrendered after being away for livelihood reasons. The State opposed bail, highlighting the seriousness of the alleged attempt to murder, the use of a firearm on a vital part of the body, the petitioner’s long period of absconding, and his involvement in another case under Sections 302/34 IPC. Justice Shailendra Singh held that the circumstances did not warrant bail and rejected the petition, allowing the petitioner to re‑apply after material non‑official witnesses are examined. The bail application was therefore dismissed.

Issues considered

Whether regular bail should be granted to the accused under Section 307 IPC and Section 27 Arms Act given the seriousness of the alleged offence and his prior absconding.
Whether the existence of a separate charge under Sections 302/34 IPC affects the grant of bail.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 307, 34

Subjects

bail
attempt to murder
firearms
IPC
Arms Act
absconding
serious offence
trial pending

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90161 of 2025
                   Arising Out of PS. Case No.-214 Year-2015 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Vishal Kumar @ Vishal Kumar Paswan S/o Late Ram Ekbal Paswan R/o
                 Village- Baruna, P.S.- Naubatpur, District- Patna
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manas Rajdeep, Advocate
                 For the Opposite Party/s :      Mr.Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                        Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Patrakarnagar P.S. Case No. 214 of 2015 registered for the

                   offences punishable under Section 307 of IPC and Section 27 of

                   the Arms Act.

                                3. As per the prosecution story, on 12.07.2015 at

                   about 10:10 p.m., the informant, Manoj Kumar, after closing his

                   restaurant, was wearing a helmet and was about to ride his

                   motorcycle when the petitioner, who was working as a waiter at

                   the informant’s restaurant, allegedly took out a pistol from his

                   waist and fired a shot which struck the informant on his neck.

                                4. The main submissions advanced by the petitioner’s

                   counsel are that the alleged firing caused only a simple injury to

                   the informant, the petitioner has been languishing in jail since

                   19.07.2025 though, the FIR was lodged in the year 2015 but the
           Patna High Court CR. MISC. No.90161 of 2025(2) dt.13-01-2026
                                                       2/2




                     petitioner could not appear before the trial court as he had gone

                     outside for the purpose of his livelihood and after knowing the

                     case, he voluntarily surrendered before the trial court.

                                  5. Learned APP appearing for the State has opposed

                     the prayer for bail of the petitioner.

                                  6. Considering the seriousness of the allegation

                     appearing against this petitioner from the FIR and as per the

                     allegation, he fired at the informant causing firearm injury on

                     the vital part of the body of the informant, the petitioner

                     remained absconding for several years after the registration of

                     the FIR and he is also accused in another case registered under

                     Sections 302/34 of the IPC, in my opinion, it is not a fit case for

                     grant of bail to the petitioner. Accordingly, his prayer stands

                     rejected.

                                  7. The petitioner may renew his prayer for bail after

                     the examination of material non-official witnesses of the

                     prosecution.


                                               (Shailendra Singh, J)
maynaz/-

U     T

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