Patna High Court
Prithiwi Raj @ Prithiwi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, subject to a bail bond of Rs 10,000 and two sureties.
Summary
The petitioner, Prithiwi Raj, was arrested in connection with a case under sections 25(1‑B)(a), 26 and 35 of the Arms Act, where the police claimed a country‑made pistol with live cartridges was recovered from beneath sand after his confessional statement. The petitioner contended that no weapon was ever found on his person or in his confession and that he was falsely implicated because of his antecedents. He applied for regular bail after being in custody since 18‑Nov‑2025 and after the charge‑sheet was filed. The State opposed the bail. After hearing both sides, the High Court considered the allegations in the FIR, the length of custody, and the charge‑sheet, and ordered that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to satisfaction of the Judicial Magistrate III, Hilsa, Nalanda.
Issues considered
- What is the appropriateness of granting regular bail to an accused under sections 25(1‑B)(a), 26 and 35 of the Arms Act when a weapon is alleged to have been recovered?
- Whether the petitioner’s claim of false implication and lack of incriminating material on his person warrants bail despite the confession and FIR allegations?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- regular bail
- confessional statement
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23491 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Prithiwi Raj @ Prithiwi Kumar S/O Munna Prasad Resident of Village-
Prahaladnagar, P.S.- Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Noorsarai P.S. Case
no.602 of 2025 registered under sections 25(1-B)(a), 26 and 35
of the Arms Act.
3. As per the prosecution case, on the petitioner
being taken into custody and as per his confessional statement, a
country made pistol with five live cartridges was recovered,
stored/hidden beneath the sand.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from the
petitioner’s possession or on his confession as alleged in the
FIR. He has been falsely implicated in the case because of his
antecedents. He is in custody since 18.11.2025 and chargesheet
Patna High Court CR. MISC. No.23491 of 2026(2) dt.08-04-2026
2/2
has been submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner being in custody since 18.11.2025 and chargesheet
having been submitted in the case, the Court directs the
petitioner to be enlarged on bail in connection with Noorsarai
P.S. Case no.602 of 2025 on furnishing bail bond of Rs.10,000/
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate III,
Hilsa, Nalanda.
(Partha Sarthy, J)
Saurabh/-
U T
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