Patna High Court

Neha KumariversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding no material incriminating her and noting procedural deficiencies and parity with the co‑accused.

Summary

The petitioner, Neha Kumari, was arrested in connection with a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after a police raid recovered four country‑made pistols and cartridges from a co‑accused, Kallu Kumar. The petitioner contended that no arms were found in her possession and that she had been falsely implicated, noting that the co‑accused had already been granted bail. She had been in custody since 4 October 2025 and possessed one prior criminal record, but the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. The Court, considering the lack of incriminating material against the petitioner, the parity with the co‑accused, and the procedural lapse, decided to grant bail. Bail was set at Rs. 15,000 with two sureties of the same amount each.

Issues considered

Whether the petitioner is entitled to bail under the Arms Act despite the seriousness of the offences and her prior criminal antecedent
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants granting bail
Whether parity with the co‑accused, who was already released on bail, influences the bail decision

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 35
Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Arms Act
Section 103
parity
criminal antecedent
procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16089 of 2026
                         Arising Out of PS. Case No.-738 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Neha Kumari Daughter of Late Vijendra Prasad Resident of Village- Hulasi
                 Tola, Police Station -Maner, Dist- Patna At present Resident of village-
                 Saguna More near Samudayik Bhawan, Ps- Danapur, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Maner P.S.

                   Case No. 738 of 2025 instituted for the offences under Sections

                   25(1-b)a, 26, 35 of the Arms Act.

                           3. As per the F.I.R., on secret information, police

                   conducted a raid and apprehended Kallu Kumar with four

                   country-made pistols and cartridges.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery of the arms has

                   been made from the co-accused. Learned counsel further
           Patna High Court CR. MISC. No.16089 of 2026(2) dt.13-03-2026
                                                       2/2




                     submitted that petitioner has got no concern with the recovered

                     arms and ammunitions. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 04.10.2025 and

                     has one criminal antecedent. There is no compliance of Section

                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other

                     co-accused has been granted bail by this Court vide order dated

                     10.03.2026, passed in Cr. Misc. No. 10164 of 2026.

                             5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner and claim based on parity, this Court is inclined to

                     grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Maner P.S. Case No.

                     738 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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