Patna High Court
Prahlad Kumar @ Prahlad Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed; the petitioner was not granted bail.
Summary
Prahlad Kumar was arrested during a police raid in Giriyak where 10-12 persons allegedly opened fire on the police. He is charged under several sections of the Bihar Narcotic Substances Act and the Arms Act, including offences relating to unlawful possession of firearms. The petitioner contended that he is innocent, noting that only one bullet was recovered from his person, and sought bail after being in custody since 29 November 2025. The State opposed bail, highlighting the petitioner’s twelve prior criminal convictions and his involvement in illegal liquor trade and multiple excise cases. The court, considering the seriousness of the offences, the firing on police, and the petitioner’s criminal antecedents, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the accused given the nature of the offences under the B.N.S. and Arms Act
- Whether the petitioner’s prior criminal antecedents and alleged involvement in illegal liquor business justify denial of bail
- Whether the fact that only one bullet was recovered from the petitioner is sufficient to merit bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- B.N.S. — s. 189(4), 189(5), 190, 191(109), 191(111), 191(30)
- Excise Act
Subjects
- bail
- criminal antecedents
- Arms Act
- Bihar Narcotic Substances Act
- illegal liquor business
- police firing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20097 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Prahlad Kumar @ Prahlad Kumar Singh Son of Neeraj Singh @ Neeraj
Kumar Singh Resident of Village- Sabalpur, P.S.- Rajgir, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection Giriyak P.S.
Case No. 534/2025 dated 28.11.2025 for the offences
punishable under Sections 189(4), 189(5), 190, 191(30, 109, 111
of the B.N.S. and Sections 25(1-B)(a), 26, 27 and 35 of the
Arms Act.
3. As per the prosecution case, when the police raided
the criminals, 10-12 persons started firing upon them. The
petitioner has been caught on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He is in custody since 29.11.2025. Learned counsel has
submitted that there is recovery of only one bullet from the
Patna High Court CR. MISC. No.20097 of 2026(2) dt.01-04-2026
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petitioner, so he may be granted bail.
5. Learned APP for the State vehemently opposed the
prayer of bail of the petitioner by submitting that the petitioner
has twelve criminal antecedents.
6. Considering the fact that the petitioner and other
criminals are involved in illegal business of dealing in liquor
and when the police tried to arrest them they have fired upon the
police and the petitioner is also involved in large number of
cases under the Excise Act. I am not inclined to grant the
petitioner on bail, accordingly, this application is dismissed.
(Sandeep Kumar, J)
atul/-
U T
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