Patna High Court
Ujjawal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, ordering his release on bond with conditions.
Summary
The petitioner, Ujjawal Kumar, was arrested in connection with PS case No.300 of 2025 for alleged offences under the Bihar Prohibition and Excise Act, the Arms Act and the Bihar Narcotic Substances (BNS) Act. He is alleged to have falsely implicated Omprakash Singh (Bittu Singh) by handing him a country‑made pistol and liquor, leading to the filing of a separate case (PS No.212 of 2025) which was later found not true under certain provisions but true under Section 37(b) of the Prohibition Act. The petitioner contends he is innocent and has been falsely implicated, having spent about four months in custody. The victim‑advocate argues that the petitioner maliciously prosecuted him and that a case has also been lodged against the petitioner. After hearing both sides, the court considered the circumstances and ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial. The bail order was conditioned on the petitioner’s availability as required by the court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the Bihar Prohibition and Excise Act, Arms Act and BNS Act.
- Whether the allegations of false implication and malicious prosecution affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act (BNS) — s. 217, 248
Subjects
- regular bail
- false implication
- Bihar Prohibition and Excise Act
- Arms Act
- BNS Act
- criminal procedure
- malicious prosecution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76272 of 2025
Arising Out of PS. Case No.-300 Year-2025 Thana- AMNAUR District- Saran
======================================================
Ujjawal Kumar Son of Sri Upendra Singh Resident of village - Gangapur,
P.S.- Amnaur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Adv.
Mrs.Vaishnavi Singh, Adv.
Mr.Ritwik Thakur, Adv.
Mr.Purushottam Kumar, Adv.
For the State : Mrs.Sangeeta Sharma, APP
For the Victim : Mr.Akashdeep, Adv.
Mr.Shyameshwar Kr. Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Amnour P.S. Case No. 300 of 2025,
registered for the offences punishable under Section 30(a) of
Bihar Prohibition and Excise Act and Section 25(1-B)(a), 26, 35
of Arms Act and Sections 217 and 248 of BNS.
3. As per allegation, the petitioner falsely
implicated Omprakash Singh @ Bittu Singh and on his false
fard beyan, Amnour P.S. Case No. 212 of 2025 was lodged
against Omprakash Singh @ Bittu Singh. The petitioner handed
Patna High Court CR. MISC. No.76272 of 2025(3) dt.05-02-2026
2/3
over country made pistol and 500 ml English liquor in the hands
of Omprakash Singh @ Bittu Singh and dragged him to police
station and Omprakash Singh @ Bittu Singh was arrested.
During investigation of Amnour P.S. Case No. 212 of 2025, the
case was not found true against Omprakash Singh @ Bittu
Singh under the arms act and Section 30(a) of Excise Act, but
the case was found true against section 37(b) of Bihar
Prohibition and Excise Act and other allied Sections of BNS.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. So far as the allegation against Omprakash Singh @
Bittu Singh in Amnour P.S. Case No. 212 of 2025 is concerned,
the entire allegation was not found false. The charge-sheet was
submitted under Section 37(b) of Bihar Prohibition and Excise
Act.
5. On the other hand, the learned counsel for
Omprakash Singh @ Bittu Singh (the alleged victim) has
submitted that the petitioner forcibly brought the victim to the
police station, providing him with a country-made pistol and
liquor and he maliciously prosecuted him. He has also submitted
that Omprakash Singh @ Bittu Singh has also lodged a case
against the petitioner.
Patna High Court CR. MISC. No.76272 of 2025(3) dt.05-02-2026
3/3
6. Be that as it may, the petitioner has remained under
custody for near about four months.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise-1, Saran at Chapra/concerned court below
in connection with Amnour P.S. Case No. 300 of 2025,, subject
to the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…