Patna High Court
Hira KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 25(1-b)a, 26, 35
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
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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
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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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