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Patna High Court

Dharmukh Kumar @ Gharmukh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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