Patna High Court
Niraj Kumar @ Niraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Niraj Kumar, was implicated in a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after police recovered a loaded pistol, cartridges and cash during a patrolling operation. The police had initially apprehended another individual, Robin Yadav, and seized the weapon, but the petitioner was later named as an accused, allegedly because his father's motorcycle was present at the scene. The petitioner argued that he was not arrested at the spot, has no prior criminal record, and has been in custody since 08‑09‑2025, seeking bail. The State opposed the bail application, contending the seriousness of the arms offences. After considering the facts, the court held that bail could be granted, subject to a bond of Rs.10,000 and two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to an accused under Sections 25, 26 and 35 of the Arms Act in the circumstances of the case.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- non‑bailable offence
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18990 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Niraj Kumar @ Niraj Yadav Son of Bhola Yadav Resident of Village -
Rahariya, Ward No.- 12, P.S.- Bhargama, District - Araria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bhargama P.S. Case No. 312 of 2025, registered for the offence
under Section 25(1-b)(a)/26/35 of the Arms Act.
3. As per the allegation, during the course of
patrolling, the informant got a secret information that two-four
criminal nature of persons having possessed with arms were
roaming around, upon reaching at the place of occurrence, one
person was apprehended, who disclosed his name as Robin
Yadav. On enquiry, he did not give satisfactory reply and from
his possession one loaded pistol along with magazine was
recovered and upon unloading the magazine, three cartridges
were recovered and two other cartridges were also recovered
from the spot along with certain currency.
Patna High Court CR. MISC. No.18990 of 2026(2) dt.25-03-2026
2/2
4. It is submitted by learned counsel appearing for the
petitioner that the petitioner was not arrested at the spot and
since the father of the petitioner is the owner of the motorcycle,
which was present there, the petitioner has been made an
accused. The petitioner has got no criminal antecedents and he
is in custody since 08.09.2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner 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 learned
C.J.M., Araria, in connection with Bhargama P.S. Case No. 312
of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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