Patna High Court
Harendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the bail application, granting regular bail to the petitioners.
Summary
Harendra Prasad and his son Ashutosh Kumar were arrested in Neora, Patna, for alleged offences under the Arms Act and the Bihar Prohibition and Excise Act after a raid recovered a .315 rifle, 253 cartridges and Rs 6,67,100. The petitioners claimed the rifle and cartridges belonged to the petitioner’s son, a CRPF officer, and that the cash had not been linked to any crime, also alleging non‑compliance with Section 103 of the B.N.S.S. They sought regular bail, arguing innocence and that prior cases were unrelated. The State opposed bail. Considering the facts, the seriousness of the charges, the period of custody and the procedural aspects, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties. The application for bail was allowed.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged procedural lapse under Section 103 of the B.N.S.S. warrants bail.
- Whether the seizure of cash can be linked to criminal activity for the purpose of denying bail.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 35
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103
Subjects
- bail
- Arms Act
- Prohibition and Excise Act
- Section 103 B.N.S.S.
- procedural lapse
- possession of firearms
- cash seizure
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6070 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- NEORA District- Patna
======================================================
1. Harendra Prasad Son of Late Ram Net Prasad Resident of village- Neora,
Kumhar Toli, P.S.- Neora, Distt.- Patna
2. Ashutosh Kumar @ Ashu S/o Harendra Prasad Resident of village- Neora,
Kumhar Toli, P.S.- Neora, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 11-05-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Neora P.S. case No. 191
of 2025 registered for the offences punishable under Sections
25(1-B)(a), 26 and 35 of the Arms Act, and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution, on a secret information
regarding the concealment of a large quantity of firearms and
foreign liquor, the informant, along with police personnel,
conducted a raid at the house of the petitioners. During the
search, a .315 bore rifle and altogether 253 cartridges were
Patna High Court CR. MISC. No.6070 of 2026(4) dt.11-05-2026
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recovered from an almirah, and a sum of Rs. 6,67,100/- was also
recovered from the joint house of the petitioners.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. It has further been submitted that the
rifle was under a valid license and stood in the name of Sudhir
Kumar (son of petitioner no. 1) who is serving in the Central
Reserve Police Force (CRPF), and that the cartridges also
belonged to him. It has also been submitted that the procedure
prescribed under Section 103 of the B.N.S.S. has not been
followed. It has further been submitted that with regard to the
recovery of cash, the prosecution has failed to produce any
evidence to show that the said amount was derived from any
criminal activity and at best, the petitioners may be answerable
to the Income Tax Department. The petitioners are in custody
since 14.10.2025. Lastly, it has been submitted that petitioner
no. 1 has three criminal antecedents and the petitioner no. 2 has
four criminal antecedents, in which they are on bail, and none of
the cases are of a similar nature.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Heard the parties and perused the record.
Patna High Court CR. MISC. No.6070 of 2026(4) dt.11-05-2026
3/3
7. Considering the above facts and circumstances of
the case as well as the period of custody, let the petitioners
above-named, be enlarged on bail on furnishing bail-bonds of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Court
concerned, Patna, in connection with Neora P.S. case No. 191 of
2025.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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