Patna High Court

Kishore Kumar Pathak @ Kishor Pathak @ Kishore KumarversusThe State of Bihar

Decided: 12 May 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The petitioner deserves the relief of bail.

Summary

Kishore Kumar Pathak was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging possession of a country‑made pistol. The petitioner contended that he was innocent, that the firearm was recovered from his co‑accused Ram Babu Paswan, and that he was merely riding a motorcycle owned by the co‑accused without knowledge of the weapon. The State opposed the bail application. The Court examined the lack of any incriminating article in the petitioner's possession and the fact that the alleged firearm was seized from the co‑accused, concluding there was no material to show conscious possession by the petitioner. Accordingly, the Court granted regular bail on a bond of Rs. 20,000 with two sureties. The petitioner was ordered to be released on bail pending trial.

Issues considered

Whether the petitioner is entitled to regular bail in a case under the Arms Act where the alleged firearm was recovered from a co‑accused.
Whether there is sufficient material to establish conscious possession or nexus of the petitioner with the seized firearm.

Legislation cited

Arms Act — s. 25(1‑b)a, 26, 35

Subjects

bail
Arms Act
conscious possession
co‑accused
regular bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31982 of 2026
                 Arising Out of PS. Case No.-77 Year-2026 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Kishore Kumar Pathak @ Kishor Pathak @ Kishore Kumar, S/o Late
                 Dayanand Pathak, R/o Village - Asinchak, P.S. - Dalsinghsarai, Dist. -
                 Samastipur.                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Mahendra Pratap, Adv.
                 For the Opposite Party/s :      Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                   1. Heard the parties

                                2. The petitioner seeks regular bail in connection with

                   Dalsingsarai P. S. Case No. 77 of 2026                   registered for the

                   offences punishable under Sections 25(1-b)a, 26 and 35 of the

                   Arms Act.

                                3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case and no incriminating article has

                   been recovered from the conscious possession of the petitioner

                   rather one country made pistol has allegedly been recovered

                   from the possession of the co-accused Ram Babu Paswan. It is

                   further submitted that the petitioner was merely riding the

                   motorcycle at the request of the co-accused and had no

                   knowledge regarding the alleged possession of the country made

                   pistol by the co-accused and the motorcycle in question also
            Patna High Court CR. MISC. No.31982 of 2026(2) dt.12-05-2026
                                                        2/2




                      belongs to the co-accused and not to the petitioner and further

                      there is no material to show conscious possession or nexus of

                      the petitioner with the alleged seized firearm and the petitioner

                      has been languishing in jail since 17.02.2026.

                                   4. Learned APP appearing for the State has opposed

                      the bail prayer of the petitioner.

                                   5. In the facts and circumstances of this case and

                      considering the statements made in the petition as well as above

                      submissions, coupled with this fact that alleged firearm was

                      recovered from the possession of the co-accused Ram Babu

                      Paswan and the motorcycle upon which the petitioner and the

                      said co-accused Ram Babu Pawan are said to be riding belongs

                      to the co-accused Ram Babu Paswan as stated by the petitioner

                      in paragraph no. 10 of the petition, in my opinion, the petitioner

                      deserves the relief of bail. Accordingly, let the petitioner named-

                      above be enlarged on bail in connection with Dalsingsarai P. S.

                      Case No. 77 of 2026 on furnishing bail bond of Rs. 20,000/-

                      (Rupees Twenty Thousand) with two sureties of the like amount

                      each to the satisfaction of the Court concerned.



                                                (Shailendra Singh, J)
Rajiv/-
U       T

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