Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Krishna Kumar was arrested on 15 October 2025 in connection with a case involving the recovery of two country‑made pistols, three empty cartridges, a sword and an iron punch from his residence, offences punishable under Sections 25(1‑b)(a) and 26 of the Arms Act. The petitioner, claiming a clean antecedent, applied for bail. The State opposed the bail on the seriousness of the arms possession charge. The Court examined the facts, the petitioner’s lack of prior convictions, and the nature of the evidence, and decided to grant bail on a bond of Rs.10,000 with two sureties of the same amount, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of antecedents. The order also empowered the lower court to cancel bail if conditions are breached.
Issues considered
- Whether bail should be granted to an accused charged under Sections 25(1‑b)(a) and 26 of the Arms Act for possession of illegal firearms and related weapons.
- Whether the petitioner’s clean antecedent and the circumstances of the case justify bail despite the seriousness of the offence.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26
Subjects
- bail
- Arms Act
- illegal possession of firearms
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2109 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- BARARI District- Katihar
======================================================
Krishna Kumar S/o Madan Choudhary R/o Vill- Barinagar, Ward No. 5, P.S.-
Barari, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rananjay Kumar, Advocate
: Mr.Harish Chandra Patel, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr.Rananjay Kumar, learned counsel for the
petitioner and Mr.Parmanand Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
15.10.2025 in connection with Barari P.S. Case No. 319 of
2025, F.I.R. dated 14.10.2025 registered for the offence
punishable under Sections 25(1-b)a,26 of Arms Act.
3. The case relates to recovery of two country made
pistols, three empty cartridges, one sword and one punch of iron
from the house of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that in presence of two independent witnesses, two
Patna High Court CR. MISC. No.2109 of 2026(3) dt.18-04-2026
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country made pistols, three empty cartridges, one sword and one
punch of iron were recovered from the house of the petitioner.
The police, after investigation, submitted the chargesheet
against the petitioner and the petitioner is in custody since
15.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner,
above named, 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 A.C.J.M.-I, Katihar in
connection with Barari P.S. Case No. 319 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) 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.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.2109 of 2026(3) dt.18-04-2026
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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