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Patna High Court

Umesh Kumar @ BholuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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