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Patna High Court

Hira KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to stringent conditions to ensure the petitioner’s attendance and non‑interference with the investigation.

Summary

The petitioner, Hira Kumar, was arrested in connection with an arms case (PS Parwalpur Case No. 29 of 2025) under Sections 25(1‑b)a, 26 and 35 of the Arms Act. He had been in custody since 5 May 2025 and sought bail, assuring the court of his cooperation and non‑interference with the investigation. The State opposed bail, citing the petitioner’s criminal antecedents. The court considered the length of custody, the petitioner’s undertaking, and the need to ensure his appearance at trial. It decided to grant bail on a bond of Rs. 10,000 with two sureties and imposed several conditions, including regular appearance before the trial court and police, non‑tampering with witnesses, and abstaining from further offences.

Issues considered

  • Whether bail should be granted to the petitioner despite his criminal antecedent and prolonged pre‑trial detention?
  • Whether the conditions imposed are sufficient to safeguard the trial process and prevent interference with evidence?

Legislation cited

Subjects

  • bail
  • Arms Act
  • pre‑trial detention
  • criminal antecedent
  • court conditions
  • trial attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15262 of 2026
                     Arising Out of PS. Case No.-29 Year-2025 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Hira Kumar S/O Dhuri Sav R/O Village - Tharthari Bazar, P.S- Tharthari,
                 District- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   11-03-2026                    Heard Mr. Anil Kumar Singh, learned counsel for the

                   petitioner and Mr. Bharat Bhushan, learned APP representing

                   the State.

                                2. The petitioner is in custody in connection with

                   Parwalpur P.S. Case No. 29 of 2025 for the offence punishable

                   under Sections 25(1-b)a, 26 and 35 of the Arms Act, lodged on

                   28.02.2025 by the informant Pappu Kumar Singh.

                                3. As per the prosecution story, the informant alleged

                   that in course of investigation of Parwalpur P.S. Case No. 28 of

                   2025, the petitioner was arrested, he made confessional

                   statement where after Md. Mumtaj and Md. Saddam Quaraishi

                   were arrested and on their confession, the under constructed

                   dam was raided from where two country made pistols and live

                   cartridges recovered/seized. This led to the F.I.R.
Patna High Court CR. MISC. No.15262 of 2026(2) dt.11-03-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that he

          has already suffered by being in custody since 05.05.2025, if

          granted bail, he shall be diligently appearing in trial which is not

          likely to be concluded in near future and shall not indulge in any

          criminal activity, failing which, the prosecution shall take

          appropriate steps for cancellation of his bail bond, if granted

          relief.

                       5. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       6. Considering the submission of the parties as also

          the fact that he has remained in custody since 0505.2025 and an

          undertaking has been given that he shall not indulge in any

          criminal activity, in that background, this Court is inclined to

          extend him the privilege of bail with conditions.

                       7. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate, Hilsa (Nalanda) in connection with

          Parwalpur P.S. Case No. 29 of 2025 subject to the following

          conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official
          Patna High Court CR. MISC. No.15262 of 2026(2) dt.11-03-2026
                                                      3/3




                    document to show his/her bona fide;

                                 (ii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his

                    bail bond by the Trial Court itself;

                                 (iii) the petitioner shall appear before the concerned

                    police station every month for six months to mark his

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (iv) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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