Patna High Court
Bipul Kumar @ Bipul SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1‑b)a, 26, 35
- Bihar Narcotic Substances Act — s. 111
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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