Created by Fuzzy Cloud

Patna High Court

Prem Kumar @ Pappu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Prem Kumar, the owner of a rented house in Surajgarha, Lakhisarai, was arrested after police recovered articles intended for illegal arms manufacturing from the premises. The tenant, Bittu Kumar, alleged that the manufacturing was carried out with the petitioner’s knowledge. The petitioner contended that he had no role in the offence, that the premises were tenanted, and that he was falsely implicated, emphasizing his clean record and custody since 16‑11‑2025. He applied for regular bail under Sections 25(1‑B)(a), 25(1‑AA) and 35 of the Arms Act, while the State opposed the relief. After hearing both sides, the Court found insufficient material to justify continued detention and ordered bail on a bond of Rs.10,000 with two sureties. The order was directed to be implemented by the Additional Chief Judicial Magistrate‑I, Lakhisarhi.

Issues considered

  • Whether the petitioner, as the owner of a tenanted premises where illegal arms manufacturing material was recovered, is entitled to regular bail under the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-AA), 25(1-B)(a), 35

Subjects

  • bail
  • Arms Act
  • illegal arms manufacturing
  • tenancy
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27430 of 2026
                   Arising Out of PS. Case No.-313 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Prem Kumar @ Pappu Yadav, S/O Umashankar Prasad, R/O Village-
                 Anandpur, P.S- Surajgarha, Distt.- Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Rahul Singh, Advocate
                                                  Mr. Adarsh, Advocate
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 25(1-B)(a),

                   25(1-AA) and 35 of the Arms Act.

                                 3. The case of the prosecution, in short, is that from

                   the rented portion of house of this petitioner, certain articles

                   pertaining to be used for manufacturing illegal arms were

                   recovered and one Bittu Kumar who is the tenant has disclosed

                   that he was manufacturing the same within the knowledge of

                   this petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.27430 of 2026(2) dt.04-05-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. Learned counsel for the petitioner has submitted that from

                       perusal of the F.I.R. itself it is clear that the premises from

                       where the recovery was made is tenanted and though the

                       petitioner is the owner of the tenanted premises, he has got no

                       role in the act. It has further been submitted that by twisting

                       some words, the petitioner has been made accused in this case.

                       Petitioner is having no criminal antecedent and he is languishing

                       in judicial custody since 16.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       Additional Chief Judicial Magistrate-I, Lakhisarai in connection

                       with Surajgarha P.S. Case No. 313 of 2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.