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Patna High Court

Bipul Kumar @ Bipul SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petitioner's application.

Summary

The petitioner, Bipul Kumar, was charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act for possession of illegal arms and alleged gang involvement. He applied for regular bail for the second time after an earlier bail application was rejected. The court noted that the petitioner had been in custody since 27‑10‑2024 and that the trial had already commenced. Considering the seriousness of the offences and the fact that the trial was underway, the judge was not inclined to revisit the earlier order. Consequently, the bail application was dismissed, with a direction to the Senior Superintendent of Police to examine the possible applicability of Section 111 of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act
  • Whether the commencement of trial and the gravity of the offences preclude the grant of bail
  • Whether Section 111 of the Bihar Narcotic Substances Act is applicable to the facts of the case

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • trial commencement
  • Section 111 BNS
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.78881 of 2025
                          Arising Out of PS. Case No.-998 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Bipul Kumar @ Bipul Singh Son Of Krishna Singh Resident Of Village-
                 Jinpura, P.s.- Bihta, District- Patna, Bihar
                                                                      ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. P. N. Shahi, Sr. Advocate
                                                   Mr.Amit Anand, Advocate
                 For the State            :        Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                  2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Bihta P.S. Case

                   No. 998 of 2024 registered for the offence under Sections 25(1-

                   b)a, 26 and 35 of the Arms Act.

                                  3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 12.05.2025 passed in Cr. Misc.

                   No. 18198 of 2025, which reads as under:

                                              “Heard learned counsel for the
                                    petitioner and learned APP for the State Shri
                                    Jharkhandi Upadhyay.
                                              2. The petitioner seeks regular bail
                                    in connection with Hathua P.S. Case No. 998
                                    of 2024 registered for the offence under
                                    Sections 25(1-b)a, 26 and 35 of the Arms Act.
                                              3. As per the prosecution case, the
                                    petitioner has been caught with illegal arms
                                    and two co-accused have also been caught
           Patna High Court CR. MISC. No.78881 of 2025(3) dt.11-02-2026
                                                       2/2




                                     with him.
                                                 4. From the FIR, it appears that the
                                     petitioner is a member of a gang being led by
                                     Manik Singh. The petitioner is in custody since
                                     27.10.2024.
                                                 5. Considering the aforesaid facts,
                                     this Court is not inclined to grant bail to the
                                     petitioner.
                                                 6. Accordingly, this application is
                                     dismissed.
                                                 7. The Senior Superintendent of
                                     Police, Patna is directed to examine the
                                     records of the case and he will decide that
                                     whether Section 111 of the BNS is applicable
                                     in the facts of the case or not. If the Senior
                                     Superintendent of Police, Patna finds that
                                     Section 111 of the BNS is applicable in this
                                     case, he will direct the I.O. of the case to act
                                     accordingly.
                                                 8. Let a copy of this order be
                                     communicated to the Senior Superintendent of
                                     Police, Patna through FAX for its
                                     compliance.”

                                  4. Learned Senior Counsel for the petitioner submits

                     that the trial has started.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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