Patna High Court
Binod Kumar @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
The petitioner, Binod Kumar, was arrested on 30 September 2025 in connection with a case involving alleged possession of a country-made pistol and live cartridges, alleged offences under Sections 25(1‑B)a, 26 and 27 of the Arms Act. He applied for bail, claiming innocence and alleging procedural lapses, notably that a police officer was listed as a seizure‑list witness, violating Section 100 of the Cr.P.C. and Section 103 of the BNSS. The prosecution opposed bail, pointing to the recovery of the weapon, four prior criminal antecedents, and the seriousness of the Arms Act offences, though noting the petitioner is already on bail in other matters. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner fails to comply with the stipulated conditions.
Issues considered
- Whether bail should be granted in offences punishable under Sections 25(1‑B)a, 26 and 27 of the Arms Act despite the seriousness of the offences.
- Whether the alleged non‑compliance with Section 100 of the Cr.P.C. and Section 103 of the BNSS affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27
- BNSS — s. 103
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- Arms Act
- procedural irregularities
- criminal antecedents
- Section 100 CrPC
- Section 103 BNSS
- seizure of weapon
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18410 of 2026
Arising Out of PS. Case No.-1045 Year-2025 Thana- DANAPUR District- Patna
======================================================
Binod Kumar @ Vinod Kumar S/o Rama Chaudhary R/o Village- Banpar
Toli, Nariyal Ghat, PS- Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr. Ashok Kumar Sinha, learned counsel
for the petitioner as well as Mr. Jai Narain Thakur, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.09.2025 in connection with Danapur P.S. Case No. 1045 of
2025, F.I.R. dated 30.09.2025 for the offences punishable under
Sections 25(1-B)a/26 and 27 of the Arms Act.
3. According to prosecution case, a country made
pistol and three live cartridges were recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.18410 of 2026(3) dt.18-04-2026
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committed any offences as alleged in the F.I.R. From bare
perusal of the seizure list it appears that one of the seizure list
witnesse is a police personnel so there is non-compliance of
Section 100 of Cr.P.C/103 of BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 30.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that recovery has been made from the possession of the
petitioner and apart from that petitioner carries four criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
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 the learned Additional
Chief Judicial Magistrate-I, Danapur, Patna/concerned Court in
connection with Danapur P.S. Case No. 1045 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.18410 of 2026(3) dt.18-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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