Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32191 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- SALIMPUR District- Patna ====================================================== Vishal Kumar S/O Umesh Singh @ Umesh Prasad Singh R/O Vill.- Raghopur, P.s.- Jurawanpur, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Salimpur P.S. Case No. 03 of 2026, instituted for the offences punishable under Sections 305(a), 62, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that during night patrolling, the police got a secret information that a person has entered into the house of Monu Pandey and he has been detained while allegedly in unlawful possession of a country made pistol loaded with two live cartridges, whereas his associates fled from the spot.

Patna High Court CR. MISC. No.32191 of 2026(3) dt.22-07-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. It is further submitted that the petitioner has been arrested only on the basis of suspicion. The petitioner is in custody since 04.01.2026 and has got three criminal antecedents.

5. Learned APP 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 and taking into account 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 Salimpur P.S. Case No. 03 of 2026, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.32191 of 2026(3) dt.22-07-2026 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T