Patna High Court
Bhavesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the circumstances warranted the grant of bail to the petitioner.
Summary
The petitioner, Bhavesh Kumar, was charged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act in a case registered as Pachmahla P.S. Case No. 25 of 2025. He was not apprehended at the scene; his name was disclosed only by a co‑accused who was caught at the spot. The petitioner argued that the prosecution witnesses are official persons, eliminating any risk of tampering, and that the investigation against him is complete and he is already on bail in two other matters, yet he had been in custody since 08‑09‑2025. The State opposed the bail. The Court considered the lack of personal apprehension, the completed investigation, the nature of the witnesses, and the petitioner’s prolonged detention, and concluded that the case is suitable for bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 20,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted when the accused was not apprehended at the spot and is named solely by a co‑accused.
- Whether the presence of official prosecution witnesses negates the risk of tampering sufficient to deny bail.
- Whether the completion of investigation and the petitioner’s existing bail in other cases warrant granting bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- co‑accused testimony
- official witnesses
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90173 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Bhavesh Kumar S/o Shivji Nishad @ Shivji Singh Nishad Resident of Village
- Janjira Dumra, P.S - Pachmahla, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
For the State : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Pachmahla P.S. Case No. 25 of 2025 registered for the offences
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 petitioner was not apprehended at the spot
and his name was disclosed by the co-accused Lakshman
Kumar who was apprehended at the spot and merely on that
basis, the petitioner has been made accused in this case. It is
further submitted that all the prosecution witnesses who are to
be examined in the trial of the petitioner, are official persons, so
there is no chance of tampering with the witnesses or evidence
if the petitioner is released on bail at this stage. It is lastly
submitted that though against the petitioner, there is criminal
Patna High Court CR. MISC. No.90173 of 2025(2) dt.13-01-2026
2/2
antecedent of two cases but he is on bail in all the said cases, he
has been languishing in jail since 08.09.2025 and against him,
the investigation has been completed.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the above submissions, the averments
made in this application and mainly the fact that the petitioner is
not alleged to have been apprehended at the spot and he has
been made accused mainly on account of the disclosure made by
the apprehended co-accused, coupled with petitioner’s custody
period, completion of investigation against him and also the fact
that the material witnesses of the prosecution who are to be
examined in the trial of the petitioner, are official persons, in my
opinion, it is a fit case for bail to the petitioner. Accordingly, let
the petitioner named-above be released on bail on furnishing
bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Pachmahla P.S. Case No. 25
of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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