Patna High Court
Ram Kumar @ Ramu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000, two sureties, and monthly police‑station attendance.
Summary
Ram Kumar was arrested in connection with a case registered under Sections 310(4), 310(5), 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a, 26, 35 of the Arms Act after a pistol and three live cartridges were recovered from him. He had been in custody since 7 April 2025 and possessed prior criminal antecedents. The petitioner applied for bail, arguing that the period of custody was excessive. The court considered the seriousness of the offences, the presence of weapons, and the petitioner’s antecedents, but nonetheless granted bail on the condition of a Rs 10,000 bond with two sureties and a requirement to appear at the police station every Sunday of each month. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the petitioner’s criminal antecedents justify denial of bail.
- Appropriate conditions to be imposed if bail is granted.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5), 317(5)
Subjects
- bail
- arms possession
- criminal antecedents
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26070 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Ram Kumar @ Ramu Mahto S/o Birendra Mahto R/o Village - Satar Ghat
Dekha, P.S. - Keshariya, Distt. - Motihari.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
Mr. Sunit Kumar Shrivastava
Mr.Gyan Prakash
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mohammadpur P.S. Case No. 61 of 2025 registered for the
offence under Sections 310(4), 310(5), 317(5) of the BNS and
under Sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per the prosecution case, criminals were
caught planning to commit loot and from the possession of the
petitioner, one country made pistol and three live cartridges
have been recovered from the petitioner.
4. The petitioner is in custody since 07.04.2025 and
he has criminal antecedents also.
5. Considering the nature of allegation levelled
Patna High Court CR. MISC. No.26070 of 2026(2) dt.21-04-2026
2/2
against the petitioner and the period of custody, this application
is allowed.
6. 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 concerned Court below in connection with
Mohammadpur P.S. Case No. 61 of 2025.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Keshariya Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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