Patna High Court
Indal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and attendance conditions.
Summary
Indal Kumar was arrested in connection with a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act for possession of a loaded pistol. He had been in custody since 11‑Nov‑2025 and claimed to have a clean antecedent. The petitioner applied for bail, arguing that the period of detention was long and that he had no prior criminal record. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station on the first and third Sundays of each month. The court also ordered verification of the petitioner’s antecedent before accepting the bail and clarified that the order was limited to the bail application and did not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to bail in a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act
- Whether the conditions imposed by the court are appropriate for granting bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession of firearm
- pre‑trial detention
- surety
- attendance condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17386 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- RATWARA District- Madhepura
======================================================
Indal Kumar S/O Paltu Mandal R/O Village-Ajmeripur Basa Ward No. 09,
P.S- Ratwara, District-Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Ratwara P.S. Case No. 57 of 2025 registered for the offence
under Sections 25(1-B)(a), 26, 35 of the Arms Act.
3. As per the prosecution case, the recovery is of
one country made loaded pistol from the petitioner.
4. The petitioner is in custody since 11.11.2025 and
he claims to have clean antecedent.
5. Considering the facts of the case and the period
of custody of the petitioner, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.17386 of 2026(3) dt.27-04-2026
2/2
the learned concerned Court below in connection with Ratwara
P.S. Case No. 57 of 2025.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Ratwara Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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