Patna High Court
Gulshan Kumar @ Gulchan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner, subject to strict conditions.
Summary
Gulshan Kumar was arrested in Barahat Police Station case No.313 of 2025 for alleged possession of three live cartridges and a loaded musket, offences punishable under Sections 25(1‑b)a and 26 of the Arms Act. He contended that he was falsely implicated, pointing out the absence of an independent witness to the seizure list, which he argued violated mandatory provisions of search and arrest, and noted that he had been in custody since 7 October 2025 with a charge‑sheet already filed. The State opposed his bail application. After hearing both sides, the Court granted bail on a cash bond of Rs 10,000 with two sureties, imposing conditions such as cooperation with the trial, regular attendance, a familial surety, an affidavit by the bailor, and prohibitions against tampering with evidence or witnesses. The order also required the petitioner to report to the local S.H.O. fortnightly until the charge is framed. Bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted in offences under Sections 25(1‑b)a and 26 of the Arms Act given the alleged procedural irregularities in the seizure.
- Whether the petitioner’s prolonged custody and the existence of a charge‑sheet justify the grant of bail.
- What conditions are appropriate to impose when granting bail in a case involving illegal arms possession.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- bail
- Arms Act
- seizure procedure
- procedural lapse
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4639 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- BARAHAT District- Banka
======================================================
Gulshan Kumar @ Gulchan Kumar, Son of Shankar Yadav, Resident of
Village- Mirzaqpur, P.S.- Barahat, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Barahat P.S. Case No. 313 of 2025 dated 07.10.2025
registered for the offence punishable under Sections 25(1-
b)a and 26 of the Arms Act.
3. The allegation is of recovery of three live
cartridges and one loaded musket from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that there is no independent
witness to the seizure list, which completely violates the
Patna High Court CR. MISC. No.4639 of 2026(3) dt.25-02-2026
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mandatory provision of search and arrest. The petitioner is
in custody since 07.10.2025, having one criminal case
against him and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate-Ist Class, Banka in connection with
Barahat P.S. Case No. 313 of 2025, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by
the Court and on his absence on two consecutive dates
without sufficient reason, his bail bond shall be cancelled
by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made
Patna High Court CR. MISC. No.4639 of 2026(3) dt.25-02-2026
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accused in any other case of similar nature after his
release in the present case and thereafter the court below
will be at liberty to initiate the proceeding for cancellation
of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
5. The petitioner within two weeks of his release
from custody shall appear before the S.H.O. of his local
area alongwith a copy of this order and shall appear every
fortnightly to mark his attendance till the framing of
charge in the trial court.
(Khatim Reza, J)
prabhat/-
U T
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