Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 25(1-B)a, 26
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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