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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.25230 of 2026(2) dt.16-04-2026
                                                        3/3




                      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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