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Patna High Court

Karan Kumar @ Karan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                      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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