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Patna High Court

Pritam Kumar @ Preetam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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