Patna High Court
Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted in view of the recovered weapons, the petitioner’s criminal antecedents, and the ongoing trial.
Summary
The petitioner, Himanshu Kumar, applied for regular bail in a case registered under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act, after being in custody since October 9, 2024. The court noted that three mobile phones, a pistol and five live cartridges were recovered from his possession and that he has four prior criminal antecedents. The State argued that the trial is underway, with two of five witnesses already examined, indicating that the proceedings are progressing. The judge considered the seriousness of the weapons recovered, the petitioner’s criminal history, and the fact that the trial was not delayed, and therefore declined to grant bail. The bail application was dismissed, with the court indicating that the petitioner may re‑apply if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act provisions.
- Whether the recovery of a pistol, live cartridges and the petitioner’s criminal antecedents justify denial of bail.
- Whether the progress of the trial (examination of witnesses) affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
Subjects
- regular bail
- bail denial
- criminal antecedents
- arms possession
- trial progress
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76963 of 2025
Arising Out of PS. Case No.-227 Year-2024 Thana- SARAI District- Vaishali
======================================================
Himanshu Kumar S/o Arun Kumar Sharma Resident of Village- Bishunpur,
Indu, P.S.- Sarai, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the Opposite Party/s : Mr.Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Sarai P.S. Case No. 227 of
2024 registered for the offence under Sections 317(2) of the
BNS, 2023 and under Sections 25(1-b)a, 26/35 of the Arms Act.
Earlier the bail application of the petitioner was rejected vide
order dated 16.04.2025 passed in Cr. Misc. No. 17385 of 2025
which reads as under:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Sarai P.S. Case No. 227 of 2024
registered for the offence under Section 317(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. Three mobile phones, one country
Patna High Court CR. MISC. No.76963 of 2025(3) dt.11-02-2026
2/2
made pistol and five live cartridges have been
recovered from the possession of the petitioner.
Petitioner is in custody since 09.10.2024 and has
four criminal antecedents.
4. Considering the recovery and the
criminal antecedents, I am not inclined to grant
bail to the petitioner. Accordingly, this application
for regular bail is hereby rejected.
5. If the trial is delayed, the petitioner
may renew his prayer for bail.
3. It has been submitted by the learned counsel for the
State that in the trial, out of five witnesses, two witnesses have
already been examined.
4. In view of the fact that the trial is progressing, this
Court is not inclined to grant bail to the petitioner.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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