Patna High Court
Radheshyam PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Radheshyam Prasad was arrested in connection with a case registered on 11 September 2025 for offences under Sections 310(4) and 310(5) of the B.N.S. and Sections 25(1‑B), 26 and 35 of the Arms Act. He applied for regular bail, contending that only one live bullet was recovered, that there were discrepancies in the time of recovery and his arrest, and that he had been in custody since 12 September 2025 while the investigation was already completed. The State opposed the bail. The Court examined the length of custody, the completion of investigation, and the nature of the allegations, and concluded that these factors warranted his release on bail. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount. The bail order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether regular bail can be granted in offences under Sections 310(4) and 310(5) of the B.N.S. and the Arms Act when the investigation is completed.
- Whether the alleged discrepancies in the recovery of the bullet and the time of arrest affect the grant of bail.
Legislation cited
Subjects
- regular bail
- Arms Act
- B.N.S.
- investigation completed
- custody period
- discrepancy in evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87484 of 2025
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Radheshyam Prasad, S/o Bechan Yadav, R/o Village - Alipur, P.S - Hilsa,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Sinha, aDv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Manoj Kumar Sinha, learned counsel
for the petitioner and Mr. Shailendra Kumar, learned APP for
the State.
2. The petitioner seeks regular bail in connection with
Danapur P. S. Case No. 981 of 2025, dated 11.09.2025
registered for the offences punishable under Sections 310(4) and
310(5) of the B.N.S. and Sections 25(1-B), 26 and 35 of the
Arms Act.
3. The main submissions advanced by the petitioner's
counsel are that only one live bullet is alleged to have been
recovered from the petitioner's pocket and there is serious
discrepancy with regard to the time of recovery as well as
petitioner's arrest as reflected in the contents of the FIR and the
seizure memo and the petitioner has been languishing in jail
Patna High Court CR. MISC. No.87484 of 2025(2) dt.12-01-2026
2/2
since 12.09.2025 and against him the investigation has been
completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. Considering the aforesaid submissions, averments
made in this application, mainly petitioner's custody period,
completion of investigation against him coupled with the nature
of allegation against him, this court is inclined to release him
on bail. Accordingly, let the petitioner named-above be enlarged
on bail in connection with Danapur P. S. Case No. 981 of 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)
Rajiv/-
U T
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