Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and compliance with conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Bipin Kumar, was arrested after a viral photograph showed him brandishing a country‑made katta; police recovered the katta, two live cartridges and a stolen motorcycle from his house. He sought bail for offences under Sections 317(2), 338, 336(3), 340(2) of the B.N.S. and Sections 25(1‑b)a/26 of the Arms Act. The petitioner claimed innocence, alleged high‑handed police action and pointed out that the seizure list lacked his or an independent witness’s signature; he also highlighted that he was already on bail in two other cases. The State opposed bail, emphasizing his criminal antecedents and the recovery of the stolen items from his possession. Considering the facts, the charge‑sheet submission and the period of custody, the court ordered his release on bail with a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S. and additional safeguards. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner for offences under the B.N.S. and the Arms Act despite his criminal antecedents.
- Whether the recovery of the katta, cartridges and stolen motorcycle establishes sufficient grounds to deny bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are satisfied for granting bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S. offences
- antecedent cases
- seizure
- section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1002 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Bipin Kumar S/O Jitan Prasad R/O Vill - Hajipur, P.S.- Sirdalla, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the State : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Sirdalla P.S. Case No. 389 of 2025 registered
for the alleged offences under Sections 317(2), 338, 336(3),
340(2) of B.N.S. and Sections 25(1-b)a/26 of the Arms Act.
03. As per prosecution case, information was received
about viral photograph of a person with country made katta. The
matter was investigated and police came to know about the
petitioner, who has been brandishing katta in the viral
photograph. The petitioner was apprehended and at his instance
a country made katta along with two live cartridges were
recovered. A stolen motorcycle was also recovered from the
house of the petitioner.
Patna High Court CR. MISC. No.1002 of 2026(2) dt.15-01-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was apprehended by the police in its
highhandedness and some recovery has been shown from the
petitioner, but the seizure list does not bear the signature of the
petitioner or of any independent witness which shows the falsity
of the prosecution case. The petitioner is having antecedent of
two cases and he is on bail in both the cases. The petitioner is in
custody since 16.10.2025 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
bears criminal antecedent and recovery of stolen motorcycle and
country made katta was made from the possession of the
petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of charge
sheet, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, Ist Class, Nawada/concerned Court
in connection with Sirdalla P.S. Case No. 389 of 2025, subject
Patna High Court CR. MISC. No.1002 of 2026(2) dt.15-01-2026
3/3
to the conditions mentioned in Section 480(3) of B.N.S.S. and
also the following conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
Checking your session…