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Patna High Court

Praful Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.77807 of 2025(3) dt.10-02-2026
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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
          Patna High Court CR. MISC. No.77807 of 2025(3) dt.10-02-2026
                                                      3/3




                    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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