Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Gautam Kumar, was arrested on 19 September 2025 in connection with a case under Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act after a pistol was recovered from his possession. He contended that the FIR was fabricated, that the witnesses were police personnel and that the investigation violated Section 103 of the BNSS, while the prosecution highlighted four prior criminal antecedents to oppose bail. The court examined the seriousness of the arms offences, the petitioner’s claim of innocence, and the relevance of his past convictions. Considering the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if any condition is breached.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether alleged procedural lapses, such as non‑compliance with Section 103 of the BNSS, affect the bail application.
Legislation cited
Subjects
- bail
- Arms Act
- criminal antecedents
- Section 103
- procedural lapse
- police seizure
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25230 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- PANDARAK District- Patna
======================================================
Gautam Kumar S/o Mangal Yadav @ Awdhesh Kumar R/o Lemuabad, P.S.-
Pandarak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Dhirendra Prasad Sinha, learned
counsel for the petitioner as well as Md. Shakir Ahmad, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.09.2025 in connection with Pandarak P.S. Case No. 162 of
2025, F.I.R. dated 19.09.2025 for the offences punishable under
Sections 25(1-b)a/26/27/35 of the Arms Act.
3. According to prosecution case, on secret informant
when the police reached the place of occurrence, they saw
miscreants fleeing away. Two of them were apprehended by the
police and one of them disclosed himself as the petitioner. On
search one country made pistol was recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.25230 of 2026(2) dt.16-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R. He next submits
that seizure list witnesses are police personnel and there is non-
compliance of Section 103 of BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 19.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries four criminal antecedents other
than the present one.
6. Considering the aforesaid facts and circumstances,
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 the learned A.C.J.M-I,
Barh, Patna in connection with Pandarak P.S. Case No. 162 of
2025, subject to 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 absence on two consecutive dates without sufficient
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reason, his 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
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)
Suruchi/-
U T
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