Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Arun Kumar was arrested on 28 July 2025 in connection with a case involving alleged possession of a loaded and an unloaded country‑made Katta, a cartridge and Rs.25,000 cash, charged under Sections 25(1‑b)a, 26 and 3(5) of the Bharatiya Nyay Sanhita, 2023. He applied for bail, claiming innocence and alleging non‑compliance with Section 103 of the BNSS regarding the search of his house. The prosecution opposed bail, highlighting six prior criminal antecedents, though noting the petitioner was already on bail in three other cases. The court examined the nature of the offences, the procedural lapse alleged, and the petitioner’s criminal history. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of court attendance, non‑tampering with evidence or witnesses, and verification of any concealed antecedents.
Issues considered
- Whether bail should be granted despite the seriousness of the offences under the Bharatiya Nyay Sanhita.
- Whether the alleged non‑compliance with Section 103 of the BNSS affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 25(1-b)a, 26, 3(5)
Subjects
- bail
- criminal antecedents
- procedural compliance
- search violation
- Section 103
- Bharatiya Nyay Sanhita
- firearm possession
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85951 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Arun Kumar S/o Janak Bhagat Resident of Village- Paigambarpur, P.S.-
Siwaipatti, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Ms. Usha Kumari, learned counsel for the
petitioner as well as Mr. Vinod Shanker Modi, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.07.2025 in connection with Siwaipatti P.S. Case No. 133 of
2025, F.I.R. dated 28.07.2025 for the offences punishable under
Sections 25(1-b)a, 26, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. The case of the prosecution is that police recovered
one loaded country made katta, one unloaded country made
katta, one cartridge and Rs.25,000/- in cash from the house of
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. She further submits that although recovery have
Patna High Court CR. MISC. No.85951 of 2025(3) dt.25-03-2026
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been made from the house of the petitioner but there is non-
compliance of Section 103 of BNSS. She further submits that
the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 28.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that recovery have been made from the house of the
petitioner and apart from that petitioner carries six criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the three cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M,
Muzaffarpur in connection with Siwaipatti P.S. Case No. 133 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.85951 of 2025(3) dt.25-03-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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
criminal 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 delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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