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Patna High CourtCR. MISC./8613/2026allowed

Vikash Kumar v. The State Of Bihar

2026-02-17Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8613 of 2026 Arising Out of PS. Case No.-188 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Vikash Kumar S/O Kamal Mahto R/O Village- Siba Rampur (Sitaram Pur), Ward No. 10, P.S- Matihani, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Kumar For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Matihani P.S. Case No. 188 of 2025 registered for the offence punishable under Sections 25(1-B)a, 26(i) of the Arms Act.

3. The case of the prosecution, in short, is that below the pillow, where the petitioner was sleeping, one country-made loaded pistol was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the conscious possession of the petitioner. The witnesses of the

Patna High Court CR. MISC. No.8613 of 2026(2) dt.17-02-2026 2/2 seizure list are police personnel and the police has not complied with Section 105 of the BNSS, while making the seizure. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 13.10.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C.-cum-A.M., Begusarai in connection with Matihani P.S. Case No. 188 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T