Patna High Court
Prince Dubey @ Suman SauravversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to regular bail, subject to a bail bond and conditions, and ordered his release.
Summary
Prince Dubey was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a loaded pistol was allegedly recovered from the scene where he was injured. He claimed he was falsely implicated due to village politics and that no weapon was found in his possession. The petitioner, represented by Mr. Arvind Kumar Pradhan, sought regular bail, emphasizing his clean antecedent and lack of direct evidence. The State, represented by an APP, opposed bail. The Patna High Court, after considering the FIR, the petitioner’s custody since 02‑02‑2026, and his clean record, granted regular bail on a bond of Rs.10,000 with two sureties and imposed several conditions, including cooperation with the trial and non‑tampering with evidence. The bail application was disposed with the order that the petitioner be released on bail subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 25(1‑b)a and 26 of the Arms Act given the circumstances of the FIR and his clean antecedent.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- regular bail
- Arms Act
- Section 25(1‑b)a
- Section 26
- clean antecedent
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18461 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- NAWANAGAR District- Buxar
======================================================
Prince Dubey @ Suman Saurav S/o Bhrigunath Dwivedi Resident of village-
Dasiyaon, PS- Basudeva, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate.
For the Opposite Party/s : Mr.Uday Chand Prasad, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Nawanagar P.S. Case No. 132 of 2025 for the offence
punishable under Sections 25(1-b)a and 26 of the Arms Act.
3. As per the allegation made in the F.I.R., a loaded
pistol with magazine was allegedly recovered by the informant
from the road, which is said to have been thrown by the
petitioner while he was in injured condition being carried by the
informant along with two witnesses, namely Rahul Kumar and
Munna Dwivedi @ Durgakant Dubey, who were examined
during the course of investigation by the Investigating Officer.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
Patna High Court CR. MISC. No.18461 of 2026(3) dt.13-05-2026
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falsely implicated in this case due to enmity and village politics
on the disclosure made by co-accused Munna Dwivedi @
Durgakant Dubey. Nothing has been recovered from the
conscious possession of the petitioner. The witnesses in
Paragraph Nos. 15 and 16 have stated that while the petitioner
was allegedly showing a pistol to Jyoti Kumari, it accidentally
fired causing injury to the petitioner himself. The petitioner is in
custody since 02.02.2026 having clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer
for grant of bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the petitioner is in custody since
02.02.2026 having clean antecedent, the petitioner, above
named, is directed to be enlarged on bail on furnishing bail bond
of Rs.10,000/- (Rupees ten thousand) with two sureties of the
like amount each to the satisfaction of the learned ACJM-V,
Buxar in connection with Nawanagar P.S. Case No. 132 of
2025, subject to the following conditions:-
(1) Bailors should be local having sufficient
immovable property within the jurisdiction of the Court
concerned.
Patna High Court CR. MISC. No.18461 of 2026(3) dt.13-05-2026
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(2) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature
of offence, after his release on bail, the trial Court shall take
steps to cancel his bail bonds.
(5) The District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in Para-3 of the bail petition, this order will automatically
lose its force.
7. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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