Patna High Court
Tufani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Tufani Kumar was arrested in connection with alleged possession of firearms and charged under Sections 25(1‑b)a and 26 of the Arms Act. He had been in custody since 1 January 2024 and had previously faced three rejected bail applications in the same court. The petitioner claimed innocence, clean antecedents and that no firearms were recovered from his possession. The State opposed bail, but the court noted the prolonged pre‑trial detention of over two years, the lack of detail on prosecution witnesses, and an expected trial duration of only three months. Considering these factors, the court inclined to grant regular bail, ordering release on a bond of Rs 10,000 with two sureties. The bail petition was therefore allowed.
Issues considered
- Whether regular bail should be granted to the accused under Sections 25(1‑b)a and 26 of the Arms Act given the length of pre‑trial detention and the stage of trial.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- bail
- Arms Act
- pre‑trial detention
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26422 of 2026
Arising Out of PS. Case No.-1083 Year-2023 Thana- PURNEA SADAR District- Purnia
======================================================
Tufani Kumar, Male, aged about 24 years, Son of Kishnu Urao @ Kishun
Urawn @ Kishnu Uraon, Resident of Anna Mahal Hansdah, P.S.- Sadar,
District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Niharika Rani, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 25(1-b)a and 26 of the Arms
Act.
3. This is the fourth attempt for regular bail of the
petitioner. Earlier the prayer for bail of this petitioner was
rejected by this Court in Cr. Misc. Nos. 23358 of 2024, 70146 of
2024 and 62172 of 2025 vide orders dated 15.04.2024,
31.01.2025 and 07.11.2025 respectively.
4. As per allegation in the FIR, it is a case of recovery
of firearms from the possession of the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
Patna High Court CR. MISC. No.26422 of 2026(3) dt.15-05-2026
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falsely been implicated in this case. He submits that nothing has
been recovered the conscious possession of the petitioner. He
further submits petitioner has got no concern with the alleged
recovery. Petitioner has got clean antecedent as stated in para 3
of the petition and is in custody since 01.01.2024.
6. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
7. From perusal of the FIR and impugned order of the
learned 2nd District and Additional Sessions Judge, Purnea dated
19.02.2026, it appears that this is the fourth attempt for regular
bail of this petitioner. Earlier three bail petition of this
petitioner was already rejected by this Court. From perusal of
the report regarding stage of trial from the Court of the learned
Additional Chief Judicial Magistrate- 1st, Purnea vide letter no.
221 of 2026 dated 21.04.2026, it appears that charge has been
framed against this petitioner under Section 25(1-B)a/26 of the
Arms Act on 23.07.2025 but the trial Court did not disclosed
how many prosecution witnesses have been examined and the
expected duration for concluding the trial is almost three
months. Petitioner is under custody for more than almost two
years and three months, so considering all these aspects of the
case and submission of learned counsel for the petitioner, I am
Patna High Court CR. MISC. No.26422 of 2026(3) dt.15-05-2026
3/3
inclined to grant regular bail to the petitioner.
8. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-1, Purnea in connection
with Session Sadar P.S. Case No. 1083 of 2023.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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