Patna High Court
Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Bittu Kumar, was arrested in connection with a case registered under sections 25(1‑B)(a), 26 and 35 of the Arms Act for the alleged recovery of a pistol and magazine. He had been in custody since 10 September 2025 and claimed innocence with no prior criminal record. The State opposed his request for regular bail. The High Court, after considering the facts and the petitioner's clean antecedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The court also ordered verification of his clean antecedent and mandated his attendance at the Dharhara Police Station every Sunday, with non‑compliance leading to bail cancellation.
Issues considered
- Whether regular bail should be granted to the accused in a case under sections 25(1‑B)(a), 26 and 35 of the Arms Act.
- Whether the conditions imposed by the court are appropriate for bail in such offences.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- regular bail
- criminal procedure
- antecedent verification
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27081 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- MANSI District- Khagaria
======================================================
Bittu Kumar S/o Radhe Mandal @ Radhe Yadav Resident of Village/Mohalla
- Naya Tola, Matadih Ward No. 02, P.S. - Dharhara, Dist. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Mansi P.S. Case No. 219 of 2025 registered for the offence
under sections 25(1-B)(a), 26 and 35 of Arms Act.
3. The recovery is of one pistol and one magazine
from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 10.09.2025
without any fault.
5. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.27081 of 2026(2) dt.22-04-2026
2/2
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
7. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Khagaria/ concerned Court
below, in connection with Mansi P.S. Case No. 219 of 2025.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
9. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Dharahra Police Station, District- Munger on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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