Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to conditions.
Summary
The Patna High Court considered a second application for regular bail filed by Alok Kumar, who is charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act for possession of a loaded pistol and four live cartridges. The prosecution relied on the seized weapon as the material evidence, while the defence contended that the petitioner is innocent, that only three witnesses have been examined and that no substantive evidence links him to the offence. An earlier bail application had been rejected in July 2023. Taking into account the nature of the offence, the period of custody and the lack of conclusive evidence, the court allowed the bail application. The petitioner was released on a bail bond of Rs 10,000 with two sureties, subject to monthly attendance at the police station and cooperation with the trial, and the order was made clear to be prima facie only and not to affect the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act despite the seizure of a loaded firearm.
- Whether the evidence placed on record justifies continued detention of the petitioner.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 35
Subjects
- regular bail
- Arms Act
- possession of firearm
- criminal procedure
- bail conditions
- evidence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26586 of 2026
Arising Out of PS. Case No.-18 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Alok Kumar Son of Rajiv Ranjan Singh @ Sri Rajiv Singh Resident of
Village- Brindawan, Ward No. 02, P.S.- Nowkothi, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Matihani P.S. Case No. 18 of 2023
registered for the offence under Sections 25(1-B)a, 26 and 35 of
the Arms Act. Earlier the bail application of the petitioner was
rejected on 14.07.2023 in Cr. Misc. No. 41671 of 2023.
3. As per the prosecution case, one loaded country
made pistol and four live cartridges were recovered from the
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is in custody since
Patna High Court CR. MISC. No.26586 of 2026(2) dt.07-05-2026
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09.02.2023. During the course of trial, only three witnesses have
been examined so far. It is also contended that during the
investigation, no substantive evidence has come against the
petitioner to connect him with the present case.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, 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 Court below where the case is
pending/successor Court in connection with Matihani P.S. Case
No. 18 of 2023 subject to condition that:-
(i). The petitioner will mark his
attendance at the Nowkothi Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
Patna High Court CR. MISC. No.26586 of 2026(2) dt.07-05-2026
3/3
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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