Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner as liability under the Arms Act is personal and not vicarious.
Summary
Kundan Kumar was arrested in connection with an arms case (Sections 25(1‑b)(a), 26 and 35 of the Arms Act) after police intercepted two motorcycles and recovered a loaded pistol and a live cartridge from co‑accused Rikesh Kumar. The petitioner was riding a different motorcycle and no weapon was recovered from him. He was alleged to be an associate of the co‑accused, had no prior criminal record, and had been in judicial custody since 19‑02‑2026. The petitioner applied for bail, arguing lack of direct involvement and personal liability. The court, after hearing both sides, held that liability is personal and not vicarious, and granted bail on a bond of Rs.10,000 with two sureties, directing the trial court to observe the principle of segregating allegations.
Issues considered
- Whether the petitioner Kundan Kumar is entitled to bail despite the recovery of arms from a co‑accused.
- Whether personal liability under the Arms Act can be established in the absence of a direct recovery from the petitioner.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- personal liability
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31648 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- GHATHO District- Samastipur
======================================================
Kundan Kumar S/o Devendra Sharma R/o Village - Musapur, P.S. - Ghatho,
District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ghatho P.S. Case No.22 of 2026 registered for the
offence punishable under Sections 25(1-b)(a), 26 and 35 of
the Arms Act.
3. The case of the prosecution, in short, is that
police had intercepted two bikes and from one bike, from the
possession of one Rikesh Kumar @ Sonu, a loaded country
made pistol and one live cartridge were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner was on another bike
and from his possession, no recovery has been made. Learned
Patna High Court CR. MISC. No.31648 of 2026(2) dt.12-05-2026
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counsel for the petitioner has submitted that the name of this
petitioner has surfaced only on suspicion of police that he is
associate of the co-accused Rikesh Kumar from whose
possession arms were recovered. Learned counsel has further
submitted that petitioner is having no criminal antecedent and
he is in judicial custody since 19.02.2026.
5. The application for bail is opposed by learned
APP for the State.
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 court of
learned Additional Chief Judicial Magistrate-I, Dalsinghsarai,
Samastipur in connection with Ghatho P.S. Case No.22 of
2026.
7. Before parting, I would like to advise the learned
trial court that while passing order on bail petition, they must
learn to segregate the allegation. In this case recovery is made
from accused person. In criminal cases, liability is personal
which is not vicarious, despite that learned trial court is not
Patna High Court CR. MISC. No.31648 of 2026(2) dt.12-05-2026
3/3
able to segregate the allegations which is a matter of great
concern. Learned trial court should introspect.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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