Patna High Court
DIBYANSHU KUMAR @ ANSHU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner, subject to stringent conditions and surety requirements.
Summary
The petitioner, Dibyanshu Kumar, was arrested in connection with a case alleging possession of a country-made pistol and four live cartridges, charged under Sections 261 and 262 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a and 26 of the Arms Act. He claimed innocence, arguing that the seizure list was improperly prepared and that he was implicated solely on the basis of his past criminal record. The State opposed his bail application. After hearing both sides, the Court considered the seriousness of the offences, the petitioner’s custody since 10‑09‑2025, and his antecedents, and decided to grant bail subject to strict conditions, including surety bonds, regular court appearances, and restrictions on tampering with evidence. The order also required the petitioner to report to the local S.H.O. periodically. The bail was conditioned on compliance, with provisions for cancellation on breach.
Issues considered
- What is the appropriate bail disposition for an accused charged under Sections 261 and 262 of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a/26 of the Arms Act, considering alleged possession of a firearm and prior criminal antecedents?
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bharatiya Nyaya Sanhita, 2023 — s. 261, 262
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- firearm possession
- seizure
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2088 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Dibyanshu Kumar @ Anshu Kumar, Son of Late Krishnadhar Singh, Resident
of village - Kab, P.S.- Ranitalab, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Ranitalab P.S. Case No. 317 of 2025 dated 16.08.2025
registered for the offence punishable under Sections 261
and 262 of the Bharatiya Nyaya Sanhita, 2023 and Sections
25(1-b)a/26 of the Arms Act.
3. The allegation is of recovery of one country
made pistol and four live cartridges on the disclosure 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.2088 of 2026(3) dt.24-02-2026
2/3
from conscious possession of the petitioner. The petitioner
has been made accused only on the basis of his past
criminal antecedents. It is further submitted that the seizure
list has been prepared without following the provision of
law. The petitioner is in custody since 10.09.2025, having
nine criminal cases against him 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
Judicial Magistrate-Ist Class, Danapur in connection with
Ranitalab P.S. Case No. 317 of 2025, subject to the
following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.2088 of 2026(3) dt.24-02-2026
3/3
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till conclusion of the trial.
(Khatim Reza, J)
prabhat/-
U T
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