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Patna High Court

Om KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Om Kumar, a 19‑year‑old resident of Lakhisarai, was arrested in connection with a firing incident near a grocery store on 15‑12‑2025 and charged under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The prosecution’s case relied on an informant’s information and CCTV footage, leading to the arrest of Kumar and other accused, but no specific allegation or incriminating material was found against Kumar; the firearms were recovered from co‑accused Ravish Kumar. Kumar’s counsel argued that he is innocent, has no criminal antecedent, and has been in custody since 16‑12‑2025, seeking regular bail. The State opposed the bail. Considering Kumar’s young age, clean record, the nature of the allegation, and the period of custody, the Court granted regular bail on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under the Arms Act given the nature of the allegations and his personal circumstances.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • criminal procedure
  • young accused
  • clean antecedent
  • firearms offence
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19437 of 2026

                  Arising Out of PS. Case No.-181 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
                 ======================================================
                 Om Kumar S/o Neeraj Paswan, Resident of Abgil, PS- Medni Chowki, Distt.-
                 Lakhisarai
                                                                        ... ... Petitioner/s
                                                Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   13-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Sections 25(1-B)a, 26, 27 and

                   35 of the Arms Act.

                                3. Prosecution case, in brief, is that informant

                   received information that on 15.12.2025, some anti-social

                   elements made firing near Mahendra Saw’s grocery store. On

                   the basis of said information, police personnel went to the place

                   of occurrence and inquired about the said incident from local

                   people who told that four miscreants came at the grocery store

                   on the motorcycle, buy something from there and made firing,
Patna High Court CR. MISC. No.19437 of 2026(3) dt.13-05-2026
                                            2/3




          and thereafter, they fled away. Informant with the help of CCTV

          footage, arrested the petitioner and other accused persons.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in the

          present case. Further submission is that no specific allegation of

          firing is against the petitioner. Nothing incriminating material

          has been recovered from the conscious possession of the

          petitioner. The recovery of firearms is from the house of co-

          accused Ravish Kumar. Except the confessional statement of co-

          accused, there is no material against the petitioner. Petitioner is

          a young boy, aged about 19 years, having no criminal

          antecedent and he in custody since 16.12.2025. Petitioner

          undertakes to co-operate in the trial.

                       5. Learned A.P.P. for the State opposes the bail

          application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature of allegation against the petitioner, young age

          of the petitioner, his clean antecedent and period of custody

          undergone, 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

          Chief Judicial Magistrate, Lakhisarai/concerned Court in
            Patna High Court CR. MISC. No.19437 of 2026(3) dt.13-05-2026
                                                        3/3




                      connection with Medni Chowki P.S. Case No. 181 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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