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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Prakash Kumar, was arrested after police recovered a country-made pistol and a live cartridge from his residence during a search. He applied for regular bail under Sections 25(1‑B)a and 26 of the Arms Act, claiming he was falsely implicated, has no criminal antecedents, and that the recovered items were in a publicly accessible area. The prosecution opposed bail, but the charge sheet had already been filed and the petitioner had been in custody since 19‑08‑2025. The court considered the absence of prior convictions, the filing of the charge sheet, and the petitioner’s willingness to cooperate. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether regular bail should be granted to the accused in a case under Sections 25(1‑B)a and 26 of the Arms Act when the charge sheet is filed and the accused has no prior criminal record.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • criminal procedure
  • false implication
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10905 of 2026
                      Arising Out of PS. Case No.-556 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Prakash Kumar S/o Jatan Rai R/o vill - Chak Surat, P.s. - Panchrukhiya
                 (Gaurichak), Distt.- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 25(1-B)a/26 of the Arms Act.

                                3. As per prosecution case, it is alleged that the police

                   on getting information reached the house of petitioner and on

                   conducting search, recovered a country made pistol along with

                   one live cartridge, wrapped in black polythene, from bhusa

                   room of petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The place of recovery remains open during day time and is

                   accessible to anyone. The charge sheet has already been

                   submitted and there is no chance of absconding of the petitioner
           Patna High Court CR. MISC. No.10905 of 2026(2) dt.24-02-2026
                                                       2/2




                     or tampering with the evidence. Petitioner is in jail since

                     19.08.2025 having no criminal antecedent and he undertakes to

                     cooperate in the trial.

                                  5. Learned A.P.P. has opposed the prayer for bail of

                     the petitioner.

                                  6. Considering the facts and circumstances of the

                     case, submissions of the parties and the fact that charge sheet

                     has already been submitted, no criminal antecedent of petitioner

                     and period of custody undergone by him, let the above named

                     petitioner be released on bail on furnishing bail bond of

                     Rs.10,000/- (rupees ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned A.C.J.M. -II, Patna

                     City/concerned court in connection with Gaurichak P.S. Case

                     No.556 of 2025.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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