Patna High Court
Krishna Das @ Krishna Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to strict conditions.
Summary
Krishna Das, accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly being involved in a firearm offence, applied for bail while in custody since 15‑04‑2025. The prosecution alleged that he and a co‑accused were on a motorcycle when police apprehended other suspects, and a loaded pistol was recovered from the co‑accused, but none was found on the petitioner. The petitioner contended that he was falsely implicated, had no weapon recovered from him, and that the case against him was baseless. The court noted his five prior criminal convictions but also considered the lack of incriminating material on his person and the length of his pre‑trial detention. Accordingly, the court granted bail on a Rs 10,000 bond with two sureties, imposing several conditions including regular appearance before the court and police supervision, while reserving the right to cancel bail for any breach.
Issues considered
- Whether bail should be granted to an accused under the Arms Act despite serious nature of the offence and prior criminal antecedents
- Whether the absence of any weapon recovered from the petitioner justifies bail
- Whether the petitioner’s claim of false implication warrants release pending trial
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedent
- false implication
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1705 of 2026
Arising Out of PS. Case No.-572 Year-2024 Thana- AMARPUR District- Banka
======================================================
Krishna Das @ Krishna Kumar Das S/o Yogendra Das Resident of village-
Bhadrar, P.S- Banka, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 13-02-2026 Heard the learned counsel for the petitioner and
the learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Amarpur P.S. Case No. 572 of 2024, dated
23.08.2024, corresponding to G.R. No. 2726 of 2024, registered
for the offence(s) punishable under Section(s) 25(1-b)a, 26 and
35 of the Arms Act.
3. The allegation against the petitioner is that he
and one co-accused, namely, Rakesh Kumar were going on a
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motorcycle and the police managed to apprehend the other
accused persons, however the petitioner fled and one loaded
pistol was recovered from the possession of the co-accused.
4. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and no
incriminating article has been recovered from his possession. It
has further been submitted that it is the specific case of the
petitioner that the person apprehended was carrying one loaded
pistol and no incriminating article has been recovered from the
petitioner. It has also been submitted that the petitiner was
taken on remand in the present case from one another case, i.e.,
Rajoun P.S. Case No. 31 of 2022. It has been admitted that the
petitioner carries five criminal antecedents against his name and
he is in custody since 15.04.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 15.04.2025, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
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case is pending/successor Court in connection with Amarpur
P.S. Case No. 572 of 2024 corresponding to G.R. No. 2726 of
2024, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
of Police, Banka within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioner
will be kept under watch in this period by the concerned
Superintendent of Police and if it is found wanting in any
respect, a report shall be made to the Court concerned by
him to initiate a proceeding for cancellation of bail of the
petitioner for reasons of misuse of bail. After reporting to
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the Superintendent of Police, a certificate will be filed by
the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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