Patna High Court
Vishal RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Vishal Raj and Dharmendra Kumar, arrested on 20 October 2025, were charged under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)a, 26 and 35 of the Arms Act for alleged possession of a pistol, live cartridges and gambling articles. The petitioners contended that they were falsely implicated, that no weapon seizure actually occurred, and that the FIR only mentioned gambling. The State opposed bail, asserting that the accused were apprehended with arms. The High Court, after considering the length of custody and the petitioners' circumstances, granted bail on a bond of Rs.10,000 each with two sureties, imposing conditions such as personal sureties, physical presence at trial, and provisions for cancellation on breach or repeat offences. The order emphasized that the bail conditions do not prejudice the trial and the application was allowed.
Issues considered
- Whether bail should be granted to the accused in offences punishable under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the alleged seizure of arms and the nature of the charges justify denial of bail.
- Whether the petitioners' claim of false implication affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 3(5)
Subjects
- bail
- pre‑trial detention
- Arms Act
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91762 of 2025
Arising Out of PS. Case No.-1710 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
1. Vishal Raj S/o Vijay Mehta @ Vijay Mahto R/o Village - Ranipur, Ward No.
27, P.S - Phulwarisharif, District - Patna
2. Dharmendra Kumar S/o Nandu Pal R/o Mohalla - Kanhaiya Nagar, Ward
No. 12, P.S - Phulwarisharif, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioners and
the learned Addl. Public Prosecutor for the State.
2. The petitioners, who are in custody, seek bail in
connection with Phulwarisharif P.S. Case No. 1710 of 2025
registered for the offence(s) punishable under Section(s) 318(4)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) and
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the police
apprehended two persons and seven live cartridges and a pistol
was recovered from them along with other articles for gambling.
4. The learned counsel for the petitioners submits
Patna High Court CR. MISC. No.91762 of 2025(3) dt.11-02-2026
2/3
that they have falsely been implicated in this case and no such
seizure as alleged has been made. It has been submitted that
from the perusal of the F.I.R., it would be evident that the police
initially had stated about the gambling part and subsequently it
seems that, as the superimposition, the allegation of recovery of
pistol has been alleged. It has further been submitted that
petitioner No. 1 has one criminal antecedent against his name,
while petitioner No. 2 has clean antecedent and they both are in
custody since 20.10.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail has submitted that
the petitioners were apprehended with arms.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioners have
remained in custody since 20.10.2025, let the petitioners, above-
named, be released on bail on their furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Phulwarisharif P.S. Case No. 1710 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
Patna High Court CR. MISC. No.91762 of 2025(3) dt.11-02-2026
3/3
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) If the petitioners, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of their bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that they have concealed their criminal antecedents,
the Court concerned shall take necessary steps for
cancellation of their bail bond. However, the acceptance
of bail bond in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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