Patna High Court
Anna KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The application for modification of the bail order is dismissed.
Summary
Anna Kumar was granted regular bail on 03-11-2025 in a case under the Arms Act, conditioned on the framing of charge. The bail could not be effected because the magistrate had not granted the required sanction under Section 39 of the Arms Act, and it was unlikely to be obtained. The petitioner applied to modify the bail order to remove the condition of charge framing. The High Court examined the application and the grounds raised, and found no merit to alter the bail order. Consequently, the court dismissed the modification application, leaving the original bail order unchanged.
Issues considered
- Whether a bail order conditioned on the framing of charge can be modified when sanction under Section 39 of the Arms Act is not obtained
- Whether the court has jurisdiction to alter the condition of bail in the absence of charge framing
Legislation cited
- Arms Act — s. 39
Subjects
- bail
- modification
- Arms Act
- Section 39
- charge framing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3827 of 2026
In
CRIMINAL MISCELLANEOUS No.73744 of 2025
Arising Out of PS. Case No.-327 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Anna Kumar S/o- Baleshwar Bind @ Baleshwar Jamadar Resident of Village-
Usfa, P.S.- Pachrukhiya, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed for
modification of the order dated 03.11.2025 passed in Cr. Misc.
No. 73744 of 2025 by which the petitioner was granted regular
bail, after framing of charge, if not already framed, in
connection with Gaurichak P.S. Case No. 327 of 2025.
3. Learned counsel for the petitioner submits that
although the petitioner was granted regular bail on 03.11.2025,
his release could not be effected as cognizance and framing of
charge were stalled due to absence of sanction under Section 39
of the Arms Act. It is, therefore, prayed that as the District
Patna High Court CR. MISC. No.3827 of 2026(2) dt.30-01-2026
2/2
Magistrate has not granted sanction and there is no likelihood of
the same, the condition “after framing of charge” in the bail
order dated 03.11.2025 requires modification.
4. Considering the submissions made on behalf of the
learned counsel for the petitioner and the grounds mentioned in
the modification application, this Court does not find any merit
for modification of the order dated 03.11.2025, passed in Cr.
Misc. No. 73744 of 2025.
5. The modification application is, accordingly,
dismissed.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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