Patna High Court
Karan Kumar @ Karan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to the conditions specified in the order.
Summary
The petitioner, Karan Kumar, was arrested in connection with a case registered on 5 June 2024 for alleged recovery of a pistol and a mobile phone, and charged under Sections 399 and 402 of the Indian Penal Code and Sections 25(1‑B)(a), 26(1) and 35 of the Arms Act. He contended that he was falsely implicated, that no seizure list existed, and that the accusation was based solely on his past criminal record, noting that he had been acquitted in three of his five pending cases. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and comply with several procedural conditions, including regular court attendance and reporting to the local SHO. The order also stipulated that any tampering with evidence or witnesses could lead to cancellation of bail. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted in a case involving offences of dacoity, possession of stolen property and violations of the Arms Act.
- Whether the petitioner’s claim of innocence and lack of a seizure list justify release on bail despite the seriousness of the charges.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26(1), 35
- Indian Penal Code — s. 399, 402
Subjects
- bail
- Indian Penal Code
- Arms Act
- dacoity
- possession of stolen property
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77415 of 2025
Arising Out of PS. Case No.-132 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Karan Kumar @ Karan Yadav S/o Ranjan Yadav R/o Village - Husaine, P.S -
Medeni Chowki, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Medni Chouki P.S. Case No. 132 of 2024 dated 05.06.2024
registered for the offence punishable under Sections 399
and 402 of the Indian Penal Code and Sections 25(1-B)(a),
26(1) and 35 of the Arms Act.
3. Allegation is of recovery of one country made
pistol and a Samsung mobile from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from conscious possession of the petitioner. There is no
independent witness of the seizure list. The petitioner has
Patna High Court CR. MISC. No.77415 of 2025(3) dt.17-01-2026
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been made accused only on the basis of his past criminal
antecedent. Lastly, it has been submitted that the petitioner
is in custody since 06.06.2024, having five criminal cases
against him out of which in three cases, the petitioner has
been acquitted, this fact has been brought on record by
filing supplementary affidavit and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
C.J.M., Lakhisarai in connection with Medni Chauki P.S.
Case No. 132 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
Patna High Court CR. MISC. No.77415 of 2025(3) dt.17-01-2026
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relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his
release from custody shall appear before the
S.H.O. of his local area alongwith a copy of this
order and shall appear every fortnightly to mark
his attendance till conclusion of the trial.
(Khatim Reza, J)
prabhat/-
U T
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