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Patna High Court

BOBBY DEOL KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

The Court denied regular bail, stating it was not inclined to enlarge bail for the petitioners.

Summary

The petitioners, Bobby Deol Kumar and Chhotu Kumar, were arrested in connection with a case under sections 25(1‑B)(a), 26 and 35 of the Arms Act after a search allegedly recovered two country‑made pistols, a revolver and three live cartridges from their possession. They filed an application for regular bail, contending that no incriminating article was actually recovered from them, that they were falsely implicated, and that they have no prior criminal record, having been in custody since 25‑10‑2025. The State opposed the bail on the basis of the alleged recovery of firearms and ammunition. After hearing both sides, the Court held that the seriousness of the alleged arms possession warranted denial of bail and refused to enlarge the petitioners on bail. However, the Court allowed the petitioners liberty to renew their bail prayer after six months.

Issues considered

  • Whether regular bail should be granted to the accused under sections 25(1‑B)(a), 26 and 35 of the Arms Act where firearms and live cartridges have been allegedly recovered from their possession.

Legislation cited

Subjects

  • bail
  • Arms Act
  • regular bail
  • firearms possession
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89330 of 2025
                       Arising Out of PS. Case No.-145 Year-2025 Thana- DHANSOI District- Buxar
                 ======================================================
           1.     BOBBY DEOL KUMAR S/O LATE GORAKH RAM
           2.    CHHOTU KUMAR S/O SUNIL MISHRA
                 Both are R/O VILLAGE- GANGAPUR, P.S.- DHANSOI, DIST.- BUXAR.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   24-02-2026                      1. Heard learned counsel for the parties.

                                  2. The petitioners have preferred this application for

                   grant of regular bail in connection with Dhansoi P.S. Case

                   no.145 of 2025 registered under sections 25(1-B)(a), 26 and 35

                   of the Arms Act.

                                    3. As per the prosecution case, on search being

                   conducted, it is stated that while two country made pistols and

                   three live cartridges were recovered from the possession of

                   petitioner no.1, one revolver was recovered from the possession

                   of petitioner no.2.

                                     4. Learned counsel for the petitioners submits that

                   no incriminating article has been recovered from the petitioner’s

                   possession who have been falsely implicated in the case. They
            Patna High Court CR. MISC. No.89330 of 2025(3) dt.24-02-2026
                                                        2/2




                      are in custody since 25.10.2025 and have no criminal

                      antecedent.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the allegation of recovery of country

                      made pistols and revolver from the possession of the two

                      petitioners along with three live cartridges, the Court is not

                      inclined to enlarge the petitioners on bail and the application is

                      rejected.

                                   7. Liberty is granted to the petitioners to renew their

                      prayer for bail after six months.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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