Patna High Court
Pritam Kumar @ Preetam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Pritam Kumar was arrested in connection with a case alleging that he entered into a contract to murder a witness in the Munna Singh murder case. He was charged under Sections 111 and 61(2) of the BNS and Sections 25(1‑b)a, 26 and 35 of the Arms Act, with the prosecution alleging possession of a pistol, live cartridges and a mobile phone. The petitioner claimed he had no prior criminal record and had been in judicial custody since 29‑01‑2026. The State opposed bail, citing the seriousness of the alleged contract killing and alleged procedural lapses in seizure. After hearing both sides, the Court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Additional Chief Judicial Magistrate‑IV, Begusarai.
Issues considered
- Whether bail should be granted to the accused despite allegations of contract killing and possession of arms
- Whether the seizure of the alleged weapons complied with Section 105 of the BNS
- Whether the petitioner’s lack of prior criminal record warrants bail
Legislation cited
Subjects
- bail
- contract killing
- arms possession
- seizure procedure
- Section 105
- BNS
- Arms Act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37750 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Pritam Kumar @ Preetam Kumar Son of Om Prakash Mahto Resident of
village - Ulao (Ulaoo), Sharma Tola Ward No. 8, P.S.- Singhaul (Singhoul),
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Begusarai Town P.S. Case No.40 of 2026 registered for the
offence punishable under Sections 111, 61(2) of the BNS and
under Sections 25(1-b)a, 26 & 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others have taken contract for killing
witness of Munna Singh murder case.
4. Learned counsel appearing on behalf of the
petitioner has submitted that it is alleged that the petitioner is a
contract killer and that he has taken Rupees Five Lakh for
killing the witness of Munna Singh murder case. From perusal
Patna High Court CR. MISC. No.37750 of 2026(2) dt.16-06-2026
2/2
of the seizure list it will transpire that from possession of this
petitioner only country made pistol with three live cartridge and
a mobile was recovered. It has further been submitted that
nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
and police have not complied Section 105 of the BNSS while
making seizure. Petitioner is having no criminal antecedent and
he is in judicial custody since 29.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Additional Chief Judicial Magistrate-IV, Begusarai in
connection with Begusarai Town P.S. Case No.40 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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