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Patna High Court

Dilip Kumar @ Dilip Kumar Mahaldar @ Dilip Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Dilip Kumar was arrested in September 2025 for alleged possession of a loaded pistol and two live cartridges, offences punishable under Sections 25(1‑b)a, 26 and 35 of the Arms Act. He contended that he was falsely implicated, that the weapons were not in his conscious possession and that there was no independent eye‑witness to the seizure. The petitioner had no prior criminal record and a charge‑sheet had already been filed. The State opposed bail, citing the seriousness of the arms offences. After hearing both parties, the Court held that the circumstances did not warrant continued detention and ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties to the satisfaction of the learned Chief Judicial Magistrate, Purnea. The order effectively disposed of the bail petition.

Issues considered

  • Whether bail can be granted to an accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act
  • Whether the absence of an independent eye‑witness and lack of conscious possession justify bail
  • Whether the petitioner’s clean record and the filing of a charge‑sheet affect bail eligibility

Legislation cited

Subjects

  • bail
  • Arms Act
  • possession of firearm
  • conscious possession
  • surety
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1975 of 2026
                         Arising Out of PS. Case No.-304 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
                 Dilip Kumar @ Dilip Kumar Mahaldar @ Dilip Kumar Mandal S/O Dhori
                 Mahaldar @ Dhori Mandal Resident of Village- Sahara, P.S.- Maranga,
                 District- Purnea

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Adv.
                                                   Dr. Bidhu Ranjan, Adv.
                                                   Mr. Saroj Kumar Choudhary, Adv.
                 For the Opposite Party/s :        Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   01-04-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                 2. The petitioner seeks bail in connection with

                   Maranga P.S. Case No. 304 of 2025 dated 04.09.2025

                   registered for the offence punishable under Sections 25(1-

                   b)a, 26 and 35 of the Arms Act.

                                 3. The allegation is of recovery of one loaded

                   pistol and two live cartridges from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that nothing has been recovered
            Patna High Court CR. MISC. No.1975 of 2026(3) dt.01-04-2026
                                                        2/2




                      from conscious possession of the petitioner. It is further

                      submitted that there is no independent eye witness to the

                      seizure list. The petitioner is in custody since 04.09.2025,

                      having no criminal antecedent and charge-sheet has been

                      submitted in the case.

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

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let the petitioner be released on bail upon furnishing

                      bail bonds of Rs. 10,000/- (ten thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      C.J.M., Purnea in connection with Maranga P.S. Case No.

                      304 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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