Patna High Court
Prince Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Prince Kumar Singh, applied for anticipatory bail fearing arrest in a case under Section 25(1‑B)(a) of the Arms Act, where police recovered a country‑made pistol and live cartridge from a vehicle after a dispute. The petitioner claimed innocence, stating he was not present at the scene, had no connection to the seized weapon or vehicle, and has a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the facts and submissions, ordered that if the petitioner is arrested or surrenders within six weeks, he may be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively grants anticipatory bail with stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 25(1‑B)(a) of the Arms Act.
- Whether the petitioner is likely to abscond, tamper with evidence, or influence witnesses.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Arms Act — s. 25(1-B)(a)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- Section 25
- Section 482
- bail conditions
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81534 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- DEV District- Aurangabad
======================================================
Prince Kumar Singh S/o Binod Singh @ Binod Kumar Singh, R/o village -
Belsara, P.S-Deo, District – Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Kumari, Advocate.
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Aurangabad Deo P.S. Case No.244 of 2025 instituted under
Section 25(1-B)(a) of the Arms Act.
3. As per the prosecution case, on getting information
about the dispute between two parties due to boring activities,
the police reached on the spot and observed that exchange of
abusing language is going on between the parties and the
conflict is going on between them. It is further alleged that in
between it was observed that a person was waging gun and on
seeing the police, the said person shifted in his car and on search
a country made pistol with live cartridge were recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.81534 of 2025(2) dt.08-01-2026
2/2
case due to village politics. He further submits that the
petitioner has no concern with the seized pistol or with the
vehicle in question. Learned counsel submits that petitioner was
neither present at the spot nor any incriminating article has been
recovered from the conscious possession of the petitioner. He
further submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned C.J.M. Aurangabad/ concerned Court in connection with
Aurangabad Deo P.S. Case No.244 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…