Patna High Court
Praful Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery of the alleged weapons was not from the petitioner's conscious possession and the investigation was already completed.
Summary
The petitioner, Praful Kumar, was arrested in connection with a case involving alleged possession of a loaded pistol, another loaded pistol, and eleven live cartridges, and charged under Sections 310(4), 310(5), 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-A) and 25(1-B) of the Arms Act. He had been in custody since 30 April 2025. The petitioner argued that the weapons were recovered from a bag not linked to his conscious physical possession and that the investigation was already completed with a charge‑sheet filed, reducing the risk of evidence tampering. The Additional Public Prosecutor opposed bail. The court examined the factual submissions, noted that the recovery did not appear to be from the petitioner's conscious possession, and considered the completed investigation, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether bail should be granted in a case involving alleged possession of arms and serious offences under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the recovery of the weapons can be said to be from the petitioner's conscious physical possession.
- Whether the completion of investigation and filing of charge‑sheet negates the risk of evidence tampering, justifying bail.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-B)
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 317(5)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- arms possession
- conscious possession
- Bhartiya Nyaya Sanhita
- Arms Act
- Criminal Procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77807 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Praful Kumar @ Vikash Kumar, S/o Prem Prakash @ Jagan, Resident of
Village-Hajipur Hathisarganj Naka No.- 3, P.S.- Vaishali Town, Dist- Vaishali
(Bihar).
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Mairwa P.S. Case No.187 of 2025 registered for the
offences punishable under Sections 310(4), 310(5), 317(5)
of the Bhartiya Nyaya Sanhita, 2023 (for short ‘B.N.S.’) as
well as Sections 25(1-A) and 25(1-B) (a) of the Arms Act.
3. The accused/petitioner is named in the FIR and is
in custody since 30.04.2025.
4. Allegation against petitioner is to have in
possession of one loaded country-made pistol and one loaded
pistol along with eleven live cartridges.
5. It is submitted by learned counsel appearing for
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petitioner that upon raid, from the same room four co-
accused persons were apprehended with alleged arms and
amunitions. It is pointed out that the recovery of pistols was
not made from person of the petitioner rather it was kept in
bag, which was not connected in any manner with this
petitioner and, thus, it can be safely said that recovery of
alleged arms and amunitions not appears to be made from
conscious physical possession of this petitioner. It is
submitted that seizure list qua recovery appears doubtful in
view of the fact that same is not appears supported by
independent witnesses rather by police personnel. While
concluding argument, it is submitted that investigation of this
case is already completed, for which, charge-sheet has been
submitted and, as such, there is no chance of tampering with
the evidence and moreover the petitioner found involved in
two more criminal cases, where he is on bail.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as recovery of alleged pistols and
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cartridges prima facie not appears to be recovered from
conscious physical possession of this petitioner, coupled with
the fact that investigation of this case is already completed,
where petitioner remains in custody since 30.04.2025,
accordingly, the petitioner, above-named, is directed to be
released on bail furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Additional Chief Judicial
Magistrate-V, Siwan in connection with Mairwa P.S. Case
No.187 of 2025, subject to the conditions as laid down under
Section 437(3) of the Code of Criminal Procedure (for short
‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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