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Patna High Court

Prince Dubey @ Suman SauravversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  (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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