Patna High CourtCR. MISC./81266/2025bail granted

Vikash Kumar v. The State Of Bihar

2026-02-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81266 of 2025 Arising Out of PS. Case No.-251 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Vikash Kumar S/o- Late Madan Rai R/v- Dipau More, W.No-2, Ps- Kotwa Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Sangrampur P.S. Case No. 251 of 2025, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one loaded pistol along with two live cartridges from the possession of co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner has got no concern with the

Patna High Court CR. MISC. No.81266 of 2025(3) dt.09-02-2026 2/2 alleged recovery of arms. It is next submitted that the petitioner was a passerby of that way and was arrested only on the basis of suspicion. The petitioner is in custody since 28.06.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 13.01.2026 passed in Cr. Misc. No. 85900 of 2025.

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 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 Sangrampur P.S. Case No. 251 of 2025.

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