Patna High Court
Dharmukh Kumar @ Gharmukh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court ordered that the petitioner be released on regular bail subject to a bond and sureties, with a condition for possible cancellation if an antecedent under the Arms Act is later discovered.
Summary
Dharmukh Kumar was arrested in connection with a case registered under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act after a loaded country‑made pistol was recovered from his possession. He has been in custody since 19‑Oct‑2025 and a chargesheet has been filed. The petitioner applied for regular bail, arguing that no incriminating article was recovered from him. The State opposed the bail. Considering the four‑month detention, the filing of the chargesheet and the seriousness of the offences, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to the condition that if an antecedent under the Arms Act is discovered, the prosecution may move for cancellation of bail.
Issues considered
- Whether regular bail should be granted to the accused who has been in custody for more than four months and is charged under sections of the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
Subjects
- regular bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- Arms Act
- bail bond
- condition of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13988 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Dharmukh Kumar @ Gharmukh Kumar S/O Yogi Rai Resident of Village-
Jamala, Ward No. 1, P.S.- Suppi, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Suppi P.S. Case no.301
of 2025 registered under sections 310(4) and 310(5) of the
Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and
35 of the Arms Act.
3. As per the prosecution case, on a search being
conducted, four accused persons were caught and from the
possession of the petitioner, a loaded country made pistol was
recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who is in custody since 19.10.2025 and chargesheet
has been submitted in the case. The cause of his false
Patna High Court CR. MISC. No.13988 of 2026(2) dt.12-03-2026
2/2
implication is his antecedent.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner having remained in custody for more than 4 months
since 19.10.2025 and chargesheet having been submitted in the
case, the Court directs the petitioner to be enlarged on bail in
connection with Suppi P.S. Case no.301 of 2025 on furnishing
bail bond of Rs.10,000/ (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Sitamarhi on the following condition:
(i) If in course of investigation, it transpires that the
petitioner had an antecedent under the Arms Act, the
prosecution will be at liberty to move this Court for cancellation
of bail of the petitioner.
(Partha Sarthy, J)
Saurabh/-
U T
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