Patna High Court
Amit Kumar @ Raushan Kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Amit Kumar, was arrested in connection with a case under Sections 25(1)(a), 25(1-A), 25(1-B)(a), 26 and 35 of the Arms Act for alleged recovery of a pistol and 440 cartridges from a co‑accused's vegetable shop. He contended that he was falsely implicated based solely on a confessional statement of the co‑accused and that no incriminating article was found in his possession or residence. The State opposed his regular bail application, arguing the seriousness of the offences. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and his custody since 31‑08‑2025. The Court granted regular bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as regular court appearances, cooperation with the trial, and restrictions on tampering with evidence or witnesses. The application was allowed.
Issues considered
- What is the entitlement of the petitioner to regular bail under the Arms Act in the absence of direct incriminating evidence?
- Whether the confessional statement of the co‑accused alone justifies denial of bail?
Legislation cited
- Arms Act — s. 25(1-A), 25(1)(a), 25(1-B)(a), 26, 35
Subjects
- regular bail
- Arms Act
- confessional statement
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87466 of 2025
Arising Out of PS. Case No.-284 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Amit Kumar @ Raushan Kumar @ Roushan Kumar S/o Sri Upendra Prasad
@ Upendra Ray @ Upendra Rai Resident of Village- Bairiya, Karanpura, PS-
Gopalpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in K.Hat P.S. Case
No. 284 of 2025 dated 13-07-2025, registered under Sections
25(1)(a), 25(1-A), 25(1-B)(a), 26 and 35 of the Arms Act.
3. The allegation is of recovery of a pistol and a large
number of cartridges (440) from the vegetable shop of the co-
accused, Kunal Kumar, situated near the Indane Gas Godown in
Sudhanshu Nagar, Ward No. 18, District Purnea.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the name of the
petitioner has been dragged in the instant case merely on the
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basis of the so-called confessional statement of the co-accused,
Kunal Kumar and the petitioner was apprehended from his
house at Patna. It is further contended that no incriminating
article was recovered either from the conscious possession of
the petitioner or from his house. On the contrary, the alleged
incriminating articles were seized from a vegetable shop
situated near the Indane Gas Godown. Lastly, it is submitted that
the petitioner has been in custody since 31.08.2025 and one
criminal case is pending against him, in which he is already on
bail.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned CJM Purnea, in
connection with K.Hat P.S. Case No. 284 of 2025, subject to the
following conditions: (i) that the petitioner shall co-operate in
the trial and shall be properly represented on each and every
date fixed by the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be cancelled
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by the court below, (ii) that one of the bailors will be his own
blood relation, preferably father, mother, brother, sister and or
his wife, (iii) that the bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is made accused
in any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse (iv)
that 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 and (v) that the petitioner will appear before
the SHO of concerned PS in the first week of each month till the
framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
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