Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Arjun Kumar was arrested in connection with a train robbery in which the informant’s bag was snatched and he was shot, leading to charges under multiple sections of the Arms Act. The prosecution alleged that the accused fired at the informant and stole the bag. The petitioner contended that the FIR named unknown miscreants, that a call record linking his phone to a co‑accused was spurious, and that no incriminating material was recovered from him; he also highlighted his lack of prior criminal record and his custody since 10‑Oct‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the Court found the petitioner’s explanations credible and, noting the absence of antecedents and lack of seized evidence, ordered his release on bail with a bond of Rs 10,000 and two sureties.
Issues considered
- Whether bail should be granted to an accused charged with offences under Sections 310(2), 311, 109, 118(2), 127(2), 61(2), 3(5) and 27 of the Arms Act.
- Whether the call‑data‑record evidence and the absence of seized material justify denial of bail.
Legislation cited
- Arms Act — s. 109, 118(2), 127(2), 27, 310(2), 311, 3(5), 61(2)
Subjects
- bail
- Arms Act
- non‑bailable offences
- call data records
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13173 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BARH RAIL P.S. District- Patna
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Arjun Kumar S/o- Mukesh Malakar @ Mukesh Kumar Village- Dayachak,
Ward No.27, P.S-. Barh, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
G.R.P. Barh P.S. Case No.61 of 2025 registered for the offence
punishable under Sections 310(2), 311, 109, 118(2), 127(2), 61(2),
3(5) & 27 of the Arms Act.
3. The case of the prosecution, in short, is that as the
informant was boarding the train, 4-5 persons came and tried to
snatch his bag containing cash. When the informant did not gave
the bag, they fired at him. The informant received gunshot injury
in his right thigh and in that instance, the accused persons took
away the bag and fled away.
4. Learned counsel appearing on behalf of the petitioner
has submitted that the FIR was lodged against unknown
miscreants. Learned counsel for the petitioner has submitted that
one Dharmveer was apprehended and from his CDR it was
Patna High Court CR. MISC. No.13173 of 2026(3) dt.10-04-2026
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detected that petitioner had call with Dharmveer. Learned counsel
for the petitioner has further submitted that the defence of the
petitioner is that he has not called Dharmveer rather somebody
else has used his mobile for calling Dharmveer. It has further been
submitted that nothing has been recovered from the possession of
the petitioner. He is only a worker at the shop of one Santosh. It
has further been submitted that Santosh has been granted bail by
this Court vide Cr. Misc. No. 13566 of 2026. Learned counsel for
the petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since 10.10.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the court of learned
Railway Magistrate, Patna in connection with G.R.P. Barh P.S.
Case No.61 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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