Patna High Court
Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a cash bond of Rs.15,000 and two sureties, with conditions of appearance and family surety.
Summary
The petitioner, Praveen Kumar, was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol and cartridge were recovered from his possession. He contended that he was falsely implicated, had no conscious possession of the arms, and pointed to the fact that a co‑accused had already been granted bail. The State opposed the bail application, emphasizing the seriousness of the offence and the petitioner’s prior criminal antecedent. The Court considered the length of custody, the principle of parity with the co‑accused, and the lack of compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023. Weighing these factors, the Court decided to grant bail subject to a cash bond and surety, and imposed conditions regarding appearance in court. The order directed the petitioner’s release on bail after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences.
- Whether the petitioner’s claim of false implication and lack of conscious possession warrants bail.
- Whether the principle of parity with a co‑accused already on bail applies.
- Whether non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023 affects the bail decision.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- parity
- Section 103
- Bharatiya Nyaya Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11045 of 2026
Arising Out of PS. Case No.-790 Year-2025 Thana- AMARPUR District- Banka
======================================================
Praveen Kumar Son of Pradeep Das Resident of Village - Mainma, P.S. -
Amarpur(Mainma O.P.), District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Advocate
For the State : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Mainma O.P. Amarpur P.S. Case No. 790 of 2025 instituted for
the offence under Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. Prosecution case in short is that there is recovery of
one country made pistol and one cartridge from the possession
of the petitioner.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 03.11.2025. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
Patna High Court CR. MISC. No.11045 of 2026(2) dt.23-02-2026
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counsel that petitioner has been falsely implicated in the present
case. It is submitted that petitioner has no concern with the
recovered arms. Nothing has been recovered from the conscious
possession of the petitioner. Learned counsel next submits that
police after investigation has already submitted charge sheet in
this case. There is no compliance of Section 103 of the
Bharatiya Nyaya Sanhita, 2023. Other co-accused has been
granted bail by this Court vide order dated 17.02.2026, passed
in Cr. Misc. No. 8987 of 2026.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Mainma O.P. Amarpur P.S. Case No. 790 of
2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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