Patna High Court
Balendra Ram @ Balindra RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted given the seriousness of the offences and the petitioner’s antecedents, and dismissed the bail application.
Summary
The petitioner, Balendra Ram, was arrested in connection with a case registered under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The prosecution alleged that he possessed two loaded desi katta, eight live cartridges, an iron cutter blade, two wire‑cutting knives and other items, and was planning a loot while travelling on a stolen motorcycle. He has been in custody since 27 March 2026 and the record shows similar antecedents. The petitioner applied for regular bail. The Court, after considering the seriousness of the offences, the nature of the seized weapons, the alleged intent to commit loot and the petitioner’s prior record, declined to grant bail and dismissed the application, noting that the petitioner may re‑apply if the prosecution causes undue delay in trial.
Issues considered
- Whether regular bail should be granted to an accused charged under the Bihar Narcotic Substances Act and the Arms Act with possession of loaded weapons and alleged intent to commit loot.
- Whether the petitioner’s prior antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act — s. 317(5), 3(5)
Subjects
- regular bail
- Bihar Narcotic Substances Act
- Arms Act
- possession of weapons
- antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44868 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Balendra Ram @ Balindra Ram S/O Late Ganour Ram Resident of Village-
Nariyar Panapur, P.S.- Motipur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Jha
For the Opposite Party/s : Mr.Shailendra Kumar
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Panapur Kariyat P.S. Case No. 43 of 2026 registered for the
offence under Sections 317(5), 3(5) of the BNS and under
Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, the recovery is of two
loaded desi katta, eight live cartridges, iron cutter blade, two
wire cutting knife and other articles from the accused persons
who were planning to commit loot. They were also found
travelling on a stolen motorcycle.
4. The petitioner is in custody since 27.03.2026 and
he was also caught with the recovered incriminating articles.
5. The petitioner has similar antecedents also.
Patna High Court CR. MISC. No.44868 of 2026(2) dt.09-07-2026
2/2
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed for
the present.
8. If the prosecution delays the trial of the petitioner,
he may renew his prayer for bail.
(Sandeep Kumar, J)
Vikas/-
U
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