Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the allegations did not warrant denial of bail.
Summary
Petitioner Pramod Kumar was arrested in connection with a case registered under Sections 25(1‑B)(i), 26 and 35 of the Arms Act, alleging his involvement in the supply of arms recovered from co‑accused Urmila Devi. The petitioner contended that he had no conscious possession of any weapon, was falsely implicated, had no prior criminal record, and had been in judicial custody since 16‑09‑2025. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, noting that the arms were recovered from the co‑accused and not from the petitioner, and that the petitioner’s antecedents were clean. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused under Sections 25(1‑B)(i), 26 and 35 of the Arms Act when the alleged offence is only alleged supply without possession.
- Whether the petitioner’s clean antecedents and lack of direct recovery of arms justify bail despite the seriousness of the offence.
Legislation cited
- Arms Act — s. 25(1-B)(i), 26, 35
Subjects
- bail
- Arms Act
- supply of arms
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4732 of 2026
Arising Out of PS. Case No.-630 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Pramod Kumar, S/O Lalo Manjhi, Resident of Village- Basu Tand, P.S.- Wazir
Ganj, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Wazir Ganj P.S. Case No. 630 of 2025 registered for the
offence punishable under Sections 25(1-B)(i), 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the house of co-accused Urmila Devi, arms were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Co-accused Urmila Devi has named this petitioner and in
the F.I.R. allegation against the petitioner is only that he
involved in supply of arms. Nothing has been recovered from
Patna High Court CR. MISC. No.4732 of 2026(2) dt.06-02-2026
2/2
his conscious possession rather recovery has been made from
the possession of one co-accused Urmila Devi. It has also been
submitted that co-accused Urmila Devi has been granted bail by
this Court vide Cr. Misc. No. 84064 of 2025. the case of this
petitioner stands on better footing. He is having no criminal
antecedent and he is languishing in judicial custody since
16.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 learned J.M. 1st
Class, Gaya in connection with Wazir Ganj P.S. Case No. 630 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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