Created by Fuzzy Cloud

Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding insufficient grounds to deny release.

Summary

Prince Kumar was arrested on 27 March 2026 in connection with a case involving the recovery of a pistol and live cartridges from a co‑accused, Dilkhush Kumar. The FIR alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act, although the seized weapons were not found in the petitioner's possession. The petitioner, claiming a clean antecedent, sought bail, arguing that he was merely travelling on the motorcycle with the co‑accused and had no direct involvement in the arms possession. The State opposed the bail application. The Court, noting the lack of direct evidence against the petitioner and his clean record, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether the petitioner, Prince Kumar, is entitled to bail despite being charged under Section 317(5) of the Bihar Narcotic Substances Act and the Arms Act.
  • Whether the absence of seized arms from the petitioner's possession negates the charge under Section 317(5).
  • Whether the petitioner's clean criminal antecedent warrants bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • criminal antecedent
  • seizure of weapons
  • co‑accused
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37528 of 2026
                     Arising Out of PS. Case No.-59 Year-2026 Thana- HABIBPUR District- Bhagalpur
                 ======================================================
                 Prince Kumar Son of Pawan Yadav Resident of Kharik, P.S.- Kharik, District
                 - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                     Heard Mr. Md Fazle Karim, learned counsel for the

                   petitioner and Mr. Uma Shankar Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   27.03.2026 in connection with Habibpur P.S. Case No. 59 of

                   2026, F.I.R. dated 26.03.2026 registered for the offence

                   punishable under Section 317(5) of B.N.S and Sections 25(1-

                   b)a, 26 and 35 of he Arms Act.

                                3. The case relates to recovery of one country-made

                   pistol and twenty live cartridges from possession of co-accused

                   person, namely, Dilkhush Kumar.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent. It appears from the FIR as well

                   as the seizure list that the arms has been recovered from
Patna High Court CR. MISC. No.37528 of 2026(2) dt.17-06-2026
                                            2/3




          possession of co-accused person, namely, Dilkhush Kumar and

          no arms was recovered from possession of petitioner, apart from

          the aforesaid, the motorcycle is not the stolen property so no

          case is made out under Section 317(5) of B.N.S. against the

          petitioner and petitioner has been made accused in the present

          case merely on the ground that he was travelling on the

          motorcycle alongwith the co-accused person, namely, Dilkhush

          Kumar and the petitioner is in custody since 27.03.2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and petitioner has

          clean antecedent, let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned CJM, Bhagalpur in connection with Habibpur P.S. Case

          No. 59 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the
               Patna High Court CR. MISC. No.37528 of 2026(2) dt.17-06-2026
                                                           3/3




                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.