Patna High Court
Pintu Kumar @ Surya Prakash @ Ajeet Kumar @ AjeetversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
The petitioner, Pintu Kumar, was named in a police case (PS No. 667 of 2025) for alleged possession of a pistol, invoking Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner claimed innocence, stating that nothing was recovered from him and that his name was merely mentioned by an apprehended accused. He also disclosed a pending criminal case unrelated to the Arms Act. The State opposed his prayer for anticipatory bail. The Court, considering the facts, granted anticipatory bail on the condition that the petitioner furnishes a Rs.30,000 bail bond under Section 2(1)(d) of the BNSS, 2023, and complies with conditions prescribed under Section 482(2) of the BNSS, 2023, including family‑member bailor, regular appearance before the trial court, and verification of his criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under the Arms Act.
- Whether the conditions imposed under the BNSS, 2023 are appropriate for anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- Arms Act
- bail conditions
- criminal antecedent
- pistol recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15793 of 2026
Arising Out of PS. Case No.-667 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Pintu Kumar @ Surya Prakash @ Ajeet Kumar @ Ajeet S/O Uday Kumar
R/O Vill.- Sanaut Saraiya, P.s.- Mufassil, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Belaganj P.S. Case No. 667 of 2025, dated 19.11.2025,
lodged under Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution, the recovery of a pistol in
the car is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. He also submits that the petitioner's name was
disclosed by the apprehended accused person. Furthermore, he
submits that the criminal antecedent of the petitioner is not
clean, as there is one criminal case pending against him,
however, the same is not under the Arms Act.
Patna High Court CR. MISC. No.15793 of 2026(2) dt.25-03-2026
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5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Chief Judicial Magistrate, Gaya, in connection
with Belaganj P.S. Case No. 667 of 2025, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023 with
other following conditions:-
(i) one of the bailor should be the family
member of the petitioner who shall provide official
document to show his 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 bonds by
the Trial Court itself;
(iii) the Trial Court shall verify the
criminal antecedent of the petitioner, and in case it
is found at any stage that the petitioner has
concealed his criminal antecedent, the Trial Court
shall take steps for cancellation of the petitioner’s
bail bond. However, the acceptance of the bail
Patna High Court CR. MISC. No.15793 of 2026(2) dt.25-03-2026
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bond in terms of the above-mentioned order shall
not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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