Patna High Court

Indrajeet KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Indrajeet Kumar, a licensed arms dealer, was arrested in connection with a railway case involving the recovery of 50 live cartridges from his vehicle. He sought bail for offences under Sections 111 and 318(4) of the Bihar National Security Act, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act, claiming he sold the bullets under another dealer’s licence and thus committed no crime. The State opposed bail, citing two prior criminal cases against him. The court noted that a co‑accused had already been granted bail and considered the petitioner’s claim of innocence and lack of direct involvement. Consequently, the court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar National Security Act and the Arms Act
Whether selling ammunition under another dealer’s licence absolves the petitioner of criminal liability
Whether the petitioner’s prior criminal antecedents justify denial of bail

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35

Subjects

bail
arms possession
licence dealer
criminal antecedent
Bihar National Security Act
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75150 of 2025
                   Arising Out of PS. Case No.-112 Year-2025 Thana- HAJIPUR RAIL P.S. District- Saran
                 ======================================================
                 Indrajeet Kumar Son of Braj Kishore Singh Resident of Village -Mahboob
                 Khan Tola, P.S. - K. Hat (Sahayak), District- Purnea.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   09-01-2026                    Heard Mr. Chandan Kumar Singh, learned counsel

                   for the petitioner and Mr. Ram Sumiran Rai, learned APP for

                   the State.

                                2. The petitioner has prayed for bail in connection

                   with Rail P.S. Case No. 112 of 2025 registered for the offence

                   punishable under Sections 111, 318(4) of the B.N.S., 2023 and

                   Sections 25(1-B)(a), 26/35 of the Arms Act.

                                3. The case of the prosecution in short is that from a

                   Bolero car, driving license, Aadhar card, PAN card, and an arms

                   license were found. From the front and rear seats of the car, 50

                   live cartridges wrapped in black-colored foil were also

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.75150 of 2025(3) dt.09-01-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for petitioner submits that the name of

          this petitioner has surfaced during the course of investigation.

          He has been impleaded in this case, as the said bullets were

          purchased from the shop of this petitioner. The petitioner is a

          licensed dealer of the arms. He also submits that he has sold the

          bullets on the arms license of one Jagdish Prasad, which was

          shown to him. It has further been submitted that as the petitioner

          has sold the bullets on the armed license, he has committed no

          offence. It has also been submitted that the other co-accused has

          already been granted bail by this Court in Cr. Misc. No. 79923

          of 2025. Moreover, the petitioner is languishing in judicial

          custody since 16.07.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of two cases.

                       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
           Patna High Court CR. MISC. No.75150 of 2025(3) dt.09-01-2026
                                                       3/3




                     Railway Judicial Magistrate, Sonepur in connection with Rail

                     P.S. Hajipur Case No. 112 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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