Patna High Court
Prahlad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Prahlad Kumar was arrested in connection with a case registered on 15-10-2025 for alleged violations of Sections 25(1‑B)a, 26 and 35 of the Arms Act. The prosecution recovered the firearms from the residence of co‑accused Suresh Yadav, not from Kumar's house, and his inclusion as an accused was based mainly on the proximity of his house to the co‑accused's premises. Kumar had been in custody since 15-10-2025, while another co‑accused, Mukut Kumar, had already been granted bail by a coordinate bench. The petitioner argued that he has a clean antecedent, the investigation is complete, and there is no material evidence linking him directly to the weapons. The State opposed the bail on the ground of the seriousness of the offences under the Arms Act. Considering the lack of direct evidence, the petitioner’s clean record and the completed investigation, the court ordered his release on regular bail with a bond of Rs.20,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act given the circumstances of the case.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- bail
- Arms Act
- regular bail
- criminal procedure
- clean antecedent
- investigation completed
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86029 of 2025
Arising Out of PS. Case No.-450 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Prahlad Kumar Son of Baleshwar Yadav Resident of Village - Morkahi,
Police Station - Alauli, District - Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Adv.
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Manoj Kumar Singh, learned counsel for
the petitioner and Mr. Ram Priya Sharan Singh, learned APP for
the State.
2. Petitioner seeks regular bail in connection with
Alauli P.S. Case No. 450/ 2025 dated 15.10.2025 registered for
the offence(s) punishable under Sections 25(1-B)a, 26 and 35 of
the Arms Act.
3. The main submissions advanced by the petitioner’s
counsel are that the alleged firearms were recovered from the
house of co-accused, Suresh Yadav and not from the petitioner’s
house, the petitioner has been made accused in this case only on
the basis of suspicion which has been raised mainly because his
house is situated in front of the house of co-accused, Suresh
Yadav and one co-accused, namely, Mukut Kumar has already
Patna High Court CR. MISC. No.86029 of 2025(2) dt.09-01-2026
2/2
been granted bail by a coordinate bench of this court vide order
dated 15.12.2025 passed in Cr. Misc. No. 84843 of 2025 and
the petitioner has been languishing in jail since 15.10.2025, has
fair and clean antecedent and the investigation against him has
been completed.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition,
coupled with the petitioner’s custody period, his fair and clean
antecedent and completion of investigation against him, this
court is inclined to release the petitioner on bail. Accordingly,
let the petitioner named-above be released on bail in connection
with Alauli P.S. Case No. 450/ 2025 on furnishing bail bond of
Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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