Patna High Court
Atul Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioners, directing their release on bond.
Summary
The petitioners, Atul Kumar Kamat and Parsuram Kamat, were arrested in connection with a case registered under Sections 310(4) and 310(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act after a police raid on Sambhu Kamat's house recovered brown sugar, a pistol and live cartridges. The petitioners contended that nothing was seized from their persons, they had no criminal antecedents, and a similarly situated co‑accused had previously been granted bail. The State opposed the bail applications, arguing the seriousness of the offences. The Court examined the facts, noting the lack of direct incriminating material against the petitioners and the precedent of bail to a co‑accused. Consequently, the Court ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each. The order was directed to be complied with by the Principal Sessions Judge, Madhubani.
Issues considered
- Whether bail should be granted to the accused under Sections 310(4) and 310(5) of the B.N.S., 2023 and the Arms Act in view of the circumstances of the case.
- Whether the absence of seized material from the petitioners' possession and the grant of bail to a co‑accused justify release on bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- B.N.S., 2023 — s. 310(4), 310(5)
Subjects
- bail
- narcotics
- arms possession
- criminal procedure
- presumption of innocence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39511 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Atul Kumar Kamat S/o Deelip Kumar @ Deelip kamat Resident of Village -
Marniya Novtoli, P.S. - Ladaniya, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 39519 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Parsuram Kamat @ Parashuram Kamat S/o Lal Babu Kamat R/o Village -
Marnaiya , P.S. - Ladaniya, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 39511 of 2026)
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate.
Ms. Archna Aanand, Advocate.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
(In CRIMINAL MISCELLANEOUS No. 39519 of 2026)
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate.
Mr. Rajesh Kumar, Advocate.
Mr. Ravi Prakash, Advocate.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Ladaniya P.S. Case No. 140 of 2026 registered for the
offence punishable under Sections 310(4) and 310(5) of the
Patna High Court CR. MISC. No.39511 of 2026(2) dt.22-06-2026
2/3
B.N.S., 2023 and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the police
received secret information that the miscreants have gathered at
the house of Sambhu Kumar and they are planning to commit
some offence. On this input, police raided the house of Sambhu
Kamat, and from his house, 20 grams of brown sugar, a country-
made pistol, two live cartridges, and other articles were recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that though the petitioners were
apprehended from that place of occurrence but nothing has been
recovered from their possession, recovery, if any, has been made
from the possession of co-accused, namely, Sambhu Kamat. He
further submits that similarly situated co-accused, namely, Ajay
Kamat, has been granted bail by this Court vide Cr. Misc. No.
37234 of 2026. Moreover, a statement has been made in para 3 of
the petition that petitioners have no criminal antecedent and they
are languishing in judicial custody since 12.04.2026.
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
Patna High Court CR. MISC. No.39511 of 2026(2) dt.22-06-2026
3/3
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Principal Sessions Judge, Madhubani in connection with Ladaniya
P.S. Case No. 140 of 2026 arising out of G.R. Case No. 34 of
2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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