Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Prakash Kumar, was arrested in connection with a case registered under Sections 310(4) and 310(5) of the BNS and Sections 25(1‑B)(a), 26 and 35 of the Arms Act for alleged recovery of a pistol and cartridge. He contended that he was falsely implicated and had been in custody for more than a year. The petitioner applied for regular bail, arguing innocence and the undue length of pre‑trial detention. The court considered the nature of the offences, the prolonged custody, and the petitioner’s claim of false implication. It ordered the release of the petitioner on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to conditions of cooperation and regular appearance before the trial court. The bail may be cancelled if the petitioner fails to appear on two consecutive dates without a valid reason.
Issues considered
- Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the BNS and the Arms Act
- Whether the period of pre‑trial custody of more than one year warrants bail
Legislation cited
Subjects
- regular bail
- pre‑trial detention
- Arms Act
- false implication
- BNS
- court order
- surety bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.293 of 2026
Arising Out of PS. Case No.-420 Year-2024 Thana- RAGHOPUR District- Supaul
======================================================
Prakash Kumar S/o Govind Chaudhary Resident of Village- Dharmpatti, ward
No 4, PS- Raghopur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Harun Quareshi
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Raghopur P.S. Case No. 420 of 2024,
registered for the offences punishable under Sections 310(4),
310(5) of the BNS and Section 25(1-B)(a), 26, 35 of the Arms
Act.
3. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
For allegation of recovery of a pistol and a cartridge, the
petitioner is under custody for more than a year.
4. Considering the above-mentioned facts and
circumstances, especially the period of custody, let the petitioner
Patna High Court CR. MISC. No.293 of 2026(2) dt.09-01-2026
2/2
above-named be released on bail on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Birpur in connection with
Raghopur P.S. Case No. 420 of 2024, subject to the condition
that the petitioner shall cooperate in the disposal of trial and
make himself available as and when required by the court.
5. The petitioner shall physically appear before the
learned court below on each and every date. In case of
failure on two consecutive dates, unless he is prevented by
extremely adverse circumstances, the learned court below
will be at liberty to cancel the bail bonds of the petitioner.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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