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Patna High Court

Kuldeep Mishra @ Kuldip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court granted regular bail to the petitioner as no material was recovered against him and he had a clean antecedent.

Summary

The petitioner, Kuldeep Mishra, was implicated in Begusarai Muffasil P.S. Case No. 40 of 2026 under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution’s case disclosed that a pistol was recovered from another accused, Saurav Kumar, and no incriminating weapon or material was found in the petitioner's possession. The petitioner asserted his innocence, highlighted his clean antecedent and noted that he had been in custody since 24‑02‑2026. The State opposed the bail application. Considering the absence of any seized article against the petitioner, his clean record, and the period of custody, the Court allowed the regular bail. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions specified by the lower court.

Issues considered

  • Whether regular bail should be granted to the petitioner under the Arms Act when no incriminating article has been recovered from him.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • clean antecedent
  • no material recovered
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34052 of 2026
                    Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI MUFFASIL District-
                                                         Begusarai
                 ======================================================
                 Kuldeep Mishra @ Kuldip Kumar Son of Shashi Kant Mishra Resident of
                 Village- Bari Aghu, Ward No. 41, P.S.- Begusarai Muffasil, District-
                 Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashi Dhar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Begusarai Muffasil P.S. Case No. 40 of 2026, registered under

                   Sections 25(1 -B)a, 26 and 35 of the Arms Act.

                                3. As per prosecution case, two persons were caught

                   and a pistol was recovered from Saurav Kumar and no

                   objectionable material was found from the petitioner yet he was

                   made an accused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating article has been recovered from

                   the conscious possession of this petitioner. The petitioner has
            Patna High Court CR. MISC. No.34052 of 2026(2) dt.19-05-2026
                                                        2/2




                      clean antecedent and he is in custody since 24.02.2026.

                                   5. Learned APP for the State has vehemently opposes

                      the prayer for bail of the petitioner.

                                   6. Considering the period of custody and absence of

                      criminal antecedent as well as absence of recovery, this bail

                      application is allowed.

                                   7. Accordingly, let the petitioner above named, 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 A.C.J.M. 1 st

                      Begusarai /concerned court below in connection with Begusarai

                      Muffasil P.S. Case No. 40 of 2026.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                       (Ansul, J)

Ranjeet/-Nitesh

U       T


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