Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioner is entitled to regular bail on furnishing the prescribed bond and sureties, subject to conditions, as the circumstances do not justify continued detention.
Summary
Kundan Kumar was arrested in a case under Sections 25(1‑B)a and 26 of the Arms Act for allegedly possessing a country‑made pistol, live cartridges and mobiles seized at a litchi orchard. The petitioner claimed he was a laborer and caretaker of the orchard, falsely implicated due to village politics, and argued that the seizure violated statutory provisions. The State opposed bail, citing the seriousness of the arms offences and the petitioner’s prior criminal antecedent. The court considered the nature of the allegations, the period of custody already served, and the petitioner’s willingness to cooperate. It ordered that the petitioner be released on regular bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of appearance and non‑tampering with evidence or witnesses.
Issues considered
- Whether regular bail can be granted in offences under Sections 25(1‑B)a and 26 of the Arms Act.
- Whether alleged violations of search and seizure statutes affect the grant of bail.
- Whether the petitioner’s prior criminal antecedent and the period of custody already undergone preclude bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
Subjects
- bail
- Arms Act
- illegal possession of firearm
- search and seizure
- criminal procedure
- pre‑trial detention
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12050 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Kundan Kumar S/o Ganesh Roy R/o Village- Mukundpur, Ward No.26, P.S-
Patori, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Patori P.S. Case No.346 of 2025 for the offences registered under
Sections 25(1-B)a, 26 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that the petitioner who is accused in Patori P.S. Case
No.203 of 2025 was at litchi orchard alongwith one Upendra
Mishra, thereafter he reached there and caught the petitioner. It is
further alleged that one country made pistol, two live cartridges
and two mobiles were recovered from the possession of petitioner
in the presence of two police personnel.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No.12050 of 2026(2) dt.25-02-2026
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He further submits that petitioner is a laborer and was caretaker of
the said orchard but due to village politics he has been implicated
in this case. Learned counsel submits that the seized articles does
not belong to the petitioner. He further submits that there is
violation of statutory provisions with respect to search and
seizure. Learned counsel submits that charge sheet has been
submitted in this case after completion of investigation. He further
submits that petitioner has one criminal antecedent, in which he is
on bail. Petitioner is in custody since 11.08.2025 and he
undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, the nature of
allegation against the petitioner as well as the period of custody
already undergone by him, let the petitioner, named above, be
enlarged on bail upon 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., Patori, Samastipur/ concerned
Court in connection with Patori P.S. Case No.346 of 2025, subject
to the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.12050 of 2026(2) dt.25-02-2026
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and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, his bail bonds shall be cancelled by the Trial Court.
(2) If the petitioner tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail bonds.
(Sunil Dutta Mishra, J)
Ritik/-
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