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Patna High Court

Ram Kumar @ Ramu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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