Patna High Court
Suman Kumar @ Suman Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Suman Kumar, was arrested under Sections 25(1‑B)(a) and 26 of the Arms Act after police recovered an iron desi katta from his waist. He pleaded that he was falsely implicated, had no prior criminal record, and had been in custody since 5 September 2025. The prosecution opposed bail, while the petitioner’s counsel argued for his release. The High Court, after considering the submissions and the petitioner’s clean antecedent, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and several conditions, including attendance before the trial court and verification of antecedents. The order also stipulated that any breach of conditions could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)(a) and 26 of the Arms Act who claims false implication and has no prior criminal record.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- bail
- Arms Act
- false implication
- criminal antecedent
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84265 of 2025
Arising out of PS. Case No.-164 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Suman Kumar @ Suman Kumar Yadav S/o Late Binod Yadav @ Late Binod
Kumar Yadav R/o Village- Tatuwar, Ward No. 8, PS- Manigachhi, District-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s: Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in a case instituted for the
offences under Sections 25(1-B)(a) and 26 of the Arms Act. He
has no criminal antecedent.
3. As per the prosecution case, the police party during
patrolling apprehended one person, who disclosed his name as
Suman Kumar (Petitioner) and on search one iron desi katta was
recovered from his waist.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and no such
recovery as alleged in the FIR has been made from his con-
scious possession. It is further submitted that in view of some
Patna High Court CR. MISC. No.84265 of 2025(2) dt.05-01-2026
2/3
altercation which has taken place, the petitioner has falsely been
implicated and the charge-sheet has already been submitted in
the present case and the petitioner has clean antecedent and is in
custody since 05.09.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioner is in
custody since 05.09.2025, the petitioner above named, is di-
rected to be released on bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Madhubani in connection with Sakri P.S. Case No.
164 of 2025 (G.R. No. 2253 of 2025), subject to the the follow-
ing conditions:-
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
Patna High Court CR. MISC. No.84265 of 2025(2) dt.05-01-2026
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secutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable
to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioner and in case at any stage it is
found that the petitioner has concealed his crim-
inal antecedent, the court below shall take step
for cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms
of the above-mentioned order shall not be de-
layed for purpose of the same or in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Vikash/-
U T
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