Patna High Court
Umesh Kumar @ BholuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release on bond with specified conditions.
Summary
The petitioner, Umesh Kumar, was arrested in connection with a case involving illegal firearms at a marriage ceremony and charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act. No weapon or ammunition was recovered from him, although co‑accused Manjay Kumar and Md. Irshad were found with firearms. The petitioner claimed innocence, highlighted the absence of any incriminating material on his person, and noted that he had been in custody since 02‑02‑2026 with a chargesheet already filed. The State opposed bail, but the court considered the lack of recovery, the duration of custody, and the filing of the chargesheet. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements.
Issues considered
- Whether bail should be granted to an accused under the Arms Act when no firearm has been recovered from him.
- Whether the period of pre‑trial custody and the filing of a chargesheet justify granting bail.
Legislation cited
Subjects
- bail
- Arms Act
- illegal firearms
- pre‑trial detention
- Section 480(3) B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32151 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- SEMAPUR District- Katihar
======================================================
Umesh Kumar @ Bholu S/o Ashok Mehta, R/o - Babanganj, P.S.- Korha,
District- Katihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Semapur P.S. Case No. 12 of 2026, dated
01.02.2026, registered for the offences punishable under
Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, Police received
secret information about some persons bringing illegal fire-arms
in a marriage ceremony. When the Police reached the identified
spot, three persons started running away on seeing the Police
vehicles who were apprehended. From the search of co-accused
Manjay Kumar and Md. Irshad, recovery of two country made
katta and two live cartridges were made. No recovery has been
made from the petitioner who was also apprehended along with
these two co-accused persons.
Patna High Court CR. MISC. No.32151 of 2026(2) dt.15-05-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Nothing incriminating has
been recovered from his person or possession. The recovery of
one country made katta was made from Manjay Kumar and
further recovery of one country made katta and a pistol was
made from Md. Irshad. However, no recovery has been made
from this petitioner and this shows his innocence. Learned
counsel next submits that petitioner is having antecedent of four
cases and he is on bail in all these cases. Learned counsel lastly
submits that petitioner is in custody since 02.02.2026 and
chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery of any fire-arm has been shown from this
petitioner and also considering his period of custody and
submission of chargesheet, the petitioner, above-named, is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned District and
Patna High Court CR. MISC. No.32151 of 2026(2) dt.15-05-2026
3/3
Additional District and Sessions Judge-II, Katihar / concerned
Court, in connection with Semapur P.S. Case No. 12 of 2026,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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