Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10164 of 2026 Arising Out of PS. Case No.-738 Year-2025 Thana- MANER District- Patna ====================================================== Vishal Kumar S/o Sanjay Rai R/o - Hulasi Tola, P.S - Maner, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-03-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Maner P.S. Case No. 738 of 2025 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., on secret information, police conducted a raid and apprehended Kallu Kumar with four country-made pistols and cartridges who disclosed that the weapons belong to the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.10164 of 2026(2) dt.10-03-2026 2/3 possession of the petitioner rather the recovery of the arms has been made from the co-accused. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 738 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.10164 of 2026(2) dt.10-03-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T