Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar Narcotic Substances Act — s. 317(5)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.