Patna High Court
Bhuwan BhaskarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the seriousness of the offences and the large recovery of weapons warranted dismissal of the bail application.
Summary
The petitioner, Bhuwan Bhaskar, was arrested in connection with a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after police recovered five country‑made pistols and 25 cartridges. He claimed he was falsely implicated and that no incriminating articles were found in his possession, while acknowledging a prior criminal antecedent and having been in custody since 26‑10‑2025. The petitioner’s counsel sought regular bail, offering cooperation with the trial. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the offences and the large quantity of weapons recovered. The Court, after considering the magnitude of the recovery and the nature of the offences, was not inclined to grant bail and dismissed the bail application.
Issues considered
- Whether bail should be granted to the petitioner in a case involving serious offences under the Arms Act and the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 35
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- Arms Act
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
- weapon seizure
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13339 of 2026
Arising Out of PS. Case No.-1048 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Bhuwan Bhaskar Son of Devnandan Yadav @ Devanand Yadav Ro Village -
Anandbihar Ward No. 02, P.S - Madhepura, District -Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Madhepura P.S. Case No. 1048/2025 registered for the offences
punishable under Sections 25(1-B)(a), 26 and 35 of Arms Act
and Section 30(a) of Bihar Prohibition and Excise Amendment
Act, 2022.
3. As per the prosecution case, recovery of five
country-made pistol and 25 cartridges from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has one criminal
antecedent and he is in custody since 26.10.2025. The petitioner
Patna High Court CR. MISC. No.13339 of 2026(3) dt.16-04-2026
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undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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