Patna High Court
Prem Kumar @ Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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