Patna High Court
Daulat Kumar @ Daulat KuwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Daulat Kumar was charged under Section 120B of the IPC and Sections 25(1‑B)a, 26 and 35 of the Arms Act for allegedly conspiring to murder Yogendra Das. The police raided a location, seized two accused with a loaded pistol, but the petitioner was already in jail at the time of the raid, making the alleged conspiracy implausible. The petitioner applied for regular bail, asserting innocence, while the State opposed the application. The court noted the lack of material showing a meeting of minds and considered the nature of the accusation and the length of custody. Consequently, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to an accused charged with criminal conspiracy and offences under the Arms Act when the accused was already in custody at the time of the alleged conspiracy
- Whether the prosecution has produced sufficient material to justify denial of bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Indian Penal Code — s. 120B
Subjects
- bail
- criminal conspiracy
- Arms Act
- regular bail
- pre‑trial detention
- IPC Section 120B
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24072 of 2026
Arising Out of PS. Case No.-51 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Daulat Kumar @ Daulat Kuwar S/o Pankaj Kuwar R/V Shankarpur
Bakhadda, P.S. - Matihani, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Eashita Raj, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Matihani P. S. Case No. 51 of 2023 registered for the offences
punishable under Section 120B of the Indian Penal Code and
Section 25(1-B)a, 26, 35 of Arms Act.
3. It is alleged that petitioner along with other accused
had conspired to commit the murder of Yogendra Das. On secret
information, police conducted raid and apprehended two
accused persons with one loaded country made pistol, mobile
phone and a motorcycle, while others managed to escape from
the place.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence.
Patna High Court CR. MISC. No.24072 of 2026(2) dt.06-05-2026
2/2
Admittedly, petitioner was in jail at the time of raid and as such,
the allegation that he conspired with other accused persons is
inherently improbable and unsustainable in absence of any
cogent material indicating meeting of minds. Petitioner is in
custody since 15.05.2023.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to 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 the learned Chief Judicial
Magistrate, Begusarai in connection with Matihani P. S. Case
No. 51 of 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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