Patna High Court
Pravesh Kumar @ Pravesh Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, an 18‑year‑old resident of Bela village, was arrested after police, acting on secret information about an arms‑smuggling operation, stopped three individuals and recovered a country‑made pistol from his waist. He applied for regular bail under Section 317(5) of the B.N.S. and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner argued that he had no criminal antecedents, the pistol was not in his conscious possession, and there was no risk of absconding or tampering with evidence. The State opposed the bail on the ground of the seriousness of the arms offences. Considering the petitioner’s young age, clean record, lack of incriminating material in his possession, and the circumstances of the case, the court granted bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail can be granted in a case involving alleged possession of a firearm under the Arms Act and Section 317(5) of the B.N.S.
- Whether the petitioner is likely to abscond or tamper with evidence
- Whether the petitioner’s age and lack of prior criminal record justify the grant of regular bail
Legislation cited
Subjects
- bail
- Arms Act
- regular bail
- possession of firearm
- young accused
- no prior record
- smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11259 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Pravesh Kumar @ Pravesh Kumar Mehta Son of Sumrit Lal @ Sumarit Lal
Mehta Resident of village - Bela, P.S.- Basmatia, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, 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 Section 317(5) of the B.N.S. and Sections 25(1-B)a, 26
and 35 of the Arms Act.
3. As per prosecution case, the police on getting secret
information that smuggling of arms is being made from village
Banailipatti reached there along with naka team and during
search three accused persons coming on a motorcycle were
stopped and upon search, a country made pistol was recovered
from the waist of the petitioner and one mobile from each of the
accused persons was recovered along with a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.11259 of 2026(2) dt.24-02-2026
2/2
case. No incriminating material has been recovered from
conscious possession of petitioner. The charge sheet has already
been submitted and there is no chance of absconding of the
petitioner or tampering with the evidence. Petitioner is in jail
since 17.10.2025 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, allegations against the
petitioner and the fact that petitioner is a young boy aged about
18 years having no criminal antecedent and the 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., Birpur/concerned court in
connection with Birpur P.S. Case No.346 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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