Patna High Court
Om KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
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
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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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