Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Sudhir Kumar, was arrested in connection with a case under Sections 25(1‑B)a and 26 of the Arms Act for allegedly possessing a loaded pistol. He had been in custody for about eight months, while bail had been granted in other similar cases. The petitioner, through counsel Vivekanand Singh, applied for bail, arguing the prolonged detention was unjustified. The State, represented by Madhuri Lata, opposed the bail on the seriousness of the offence. Justice Nawneet Kumar Pandey considered the facts, the nature of the offence, and the petitioner’s right to liberty, and ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with court appearances. The order released the petitioner on bail pending trial.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)a and 26 of the Arms Act after prolonged pre‑trial detention
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- pre‑trial detention
- loaded pistol
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53752 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Sudhir Kumar Son of Indradev Yadav Resident of Village - Kanjri, Police
Station - Beldaur, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the Opposite Party/s : Mr.Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section-25(1-B)a, 26 of the Arms Act.
3. As per prosecution case, a loaded pistol is said to
have been recovered from possession of the petitioner.
4. It has been submitted on behalf of the petitioner
that for recovery of a loaded pistol, the petitioner has remained
under custody for near about eight months. In other cases, the
petitioner has been granted bail.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
Patna High Court CR. MISC. No.53752 of 2025(4) dt.13-01-2026
2/2
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-Ist Class/concerned court, Khagaria in connection
with Beldaur P.S. Case No. 153 of 2025 with the following
conditions:
(i) The petitioner shall cooperate with the trial
and make himself available as and when required by the
court.
(ii) The petitioner will appear in the court below
on each and every date fixed in the case.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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