Vishal Kumar @ Raftar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85732 of 2025 Arising Out of PS. Case No.-598 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Vishal Kumar @ Raftar Son of Yogendra Rai R/o Village - Jaganpura, PSRamkrishna Nagar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309 (5), 317 (4), 336 (3), 338, 340 (2) of the BNS and Section 25 (1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the cowshed of the petitioner one loaded country made pistol was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that police received information that unknown miscreants were planning to commit some offence. On receiving such

Patna High Court CR. MISC. No.85732 of 2025(3) dt.05-02-2026 2/2 information, police party reached the spot and apprehended one Sonu Kumar. Sonu Kumar disclosed the name of Abhishek Kumar as associate and Abhishek Kumar in his confessional statement stated that the weapons were to be supplied by the petitioner. It is further submitted that while making seizure, police did not comply with the mandatory provision of Section 105 of the BNSS and even the seizure list witnesses are police personnel. Moreover, the petitioner is languishing in judicial custody since 21.07.2025.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the petitioner has two criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ram Krishna Nagar P.S. Case No. 598 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Patna.

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