Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with the condition of regular appearance before the trial court.
Summary
Chandan Kumar was arrested in July 2025 on allegations of possessing a loaded pistol, violating Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that he was falsely implicated due to local village politics and that no weapon was actually recovered from him, nor had any charge been formally framed. The State opposed his bail application. The Patna High Court, noting that the petitioner had been in custody for about six months without a charge, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, and conditioned his physical presence at every trial date. The order was pronounced by Justice Ramesh Chand Malviya.
Issues considered
- Whether bail should be granted to the petitioner who has been in custody for six months on allegations under the Arms Act without a charge being framed.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- false implication
- political vendetta
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73798 of 2025
Arising Out of PS. Case No.-267 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Chandan Kumar, (Male), aged about 25 years, S/O Balindar Sah R/O Vill -
Choti Nagala, P.s.- Malsalami, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 25(1-B)(a), 26 and 35 of
the Arms Act.
3. As per allegation in the FIR, one country made
loaded pistol was recovered from the conscious possession of
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case due to local
village politics. He next submits that nothing has been recovered
from the possession of the petitioner and charge has not been
framed against him and he is in custody since 08.07.2025.
Patna High Court CR. MISC. No.73798 of 2025(3) dt.21-01-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts as also the fact that
petitioner is in custody for about six months, so let the above
named petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM-IV, Patna City in
connection with PTN 3440 of 2025 arising out of Chowk P.S.
Case No.267 of 2025 subject to the condition that the petitioner
shall remain physically present on each and every date as fixed
by the learned trial Court till conclusion of the trial.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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