Patna High Court
Prabhat Kumar @ Sonu GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail is warranted for the petitioner under the circumstances of the case.
Summary
The petitioner, Prabhat Kumar, was arrested during a police operation to rescue a kidnapped teacher, Dilip Kumar, and was injured when the kidnappers opened fire. He faces charges under Sections 109(2), 132, 127(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26, 27 and 35 of the Arms Act. The petitioner contended that he was falsely implicated, no weapon was recovered from him, and a co‑accused from whose house the victim was rescued had already been granted bail. The prosecution opposed bail, but the court noted the long pre‑trial custody, lack of incriminating evidence against the petitioner, and the bail granted to the co‑accused. Consequently, the court held that the petitioner is entitled to bail, subject to monetary and personal surety conditions and compliance directives.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the circumstances of the police encounter and the lack of recovered incriminating material justify denial of bail.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 27, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 109(2), 127(2), 132, 140(2), 3(5)
Subjects
- bail
- kidnapping
- Arms Act
- police encounter
- regular bail
- pre‑trial detention
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33440 of 2026
Arising Out of PS. Case No.-676 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Prabhat Kumar @ Sonu Gupta, S/o Kedar Sah @ Kedar Prasad Gupta, R/o
Village - Beluri (Barej), P.S - Mohania, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seek bail in connection with Sasaram
(N) P.S. Case No. 676 of 2025 dated 23.08.2025 instituted for
the offence punishable under Sections 109(2), 132, 127(2), 3(5)
of the Bhartiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26,
27 & 35 of the Arms Act.
3. This is Second attempt for regular bail on behalf of
the petitioner. Earlier, vide order dated 24.02.2026, the regular
bail application of the petitioner was rejected vide Criminal
Miscellaneous No. 5445 of 2026.
4. The prosecution case, in short, is that the informant
received a secret information that a teacher, namely, Dilip
Kumar was kidnapped and kept at the house of one Akhilesh
Patna High Court CR. MISC. No.33440 of 2026(2) dt.15-05-2026
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Kumar at a place called Takia. After receiving of information,
Superintendent of Police, Rohtas along with other police
personnel reached at the place where Dilip Kumar was kept. The
kidnappers after seeing the police opened fired upon the police.
In defence, police party also opened fire leading to gunshot
injury to two culprits, namely, Prabhat Kumar @ Sonu
(petitioner) and one Suresh Ram. The police team also arrested
two other kidnappers, namely, Ramashish Sharma and Indal
Ram. All the apprehended accused persons were sent to Sadar
Hospital, Sasaram for medical treatment. The victim Dilip
Kumar was recovered from the house of Akhilesh Kumar. The
F.S.L. team reached the place of occurrence and country made
pistols, fired cartridges and other things were recovered.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
allegation against the apprehended persons is that they opened
fired at the police, but none was injured by the gunshot of the
apprehended persons. Nothing incriminating article has been
recovered either from the possession of the petitioner or from
their houses. It is further submitted that two cases were lodged
against the accused persons including the petitioner. One is
Patna High Court CR. MISC. No.33440 of 2026(2) dt.15-05-2026
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Kochas P.S. Case No. 207 of 2025 for the offence punishable
under Section 140(2), 3(5) of Bhartiya Nyaya Sanhita, 2023 for
kidnapping of Dilip Kumar and another is present one. In the
kidnapping case, the petitioner has been granted bail by learned
Sessions Judge. It is further submitted that alleged recovery of
the victim Dilip Kumar has been made from the house of
Akhilesh Kumar, who has also been granted bail by learned
Sessions Judge on 27.11.2025. Learned counsel for the
petitioner further submits that charge has already been framed.
Lastly, it has been submitted that the petitioner is in custody
since 24.08.2025 having five criminal cases against him.
6. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties and also
considering the fact that the kidnapped person was recovered from
the house of co-accused Akhilesh Kumar, who has been granted
bail by learned Sessions Judge, and also considering the period of
incarceration of the petitioner, this Court is of the opinion that a
case of bail is made out for the petitioner.
8. Let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Patna High Court CR. MISC. No.33440 of 2026(2) dt.15-05-2026
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Magistrate, Rohtas at Sasaram in connection with Sasaram (N)
P.S. Case No. 676 of 2025, , subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by
the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be
cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made
accused in any other case of similar nature after his
release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
U T
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