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Patna High Court

Binod Kumar @ Vinod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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