Patna High Court
Surendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
The petitioner, Surendra Kumar, applied for regular bail in a case registered under Sections 25(1‑B)a, 26(2) and 35 of the Arms Act, where pistols, rifles and cartridges were recovered from his residence. The prosecution alleged that he was directly involved in the accumulation of illegal arms and ammunition. The petitioner has been in custody since 29‑10‑2025 and has a prior criminal antecedent. The court examined the seriousness of the offence and the evidence of weapons recovered from his house. Concluding that the circumstances did not warrant bail, the court rejected the regular bail application, noting that its observations were prima facie and limited to the bail matter.
Issues considered
- Whether the petitioner is entitled to regular bail despite the recovery of illegal arms and a prior criminal antecedent
Legislation cited
- Arms Act — s. 25(1-B)a, 26(2), 35
Subjects
- bail
- Arms Act
- illegal weapons
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91233 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- ROH District- Nawada
======================================================
Surendra Kumar S/o Late Meghu Yadav @ Medhu Yadav Resident Of
Village- Mahkar, P.S.- Roh, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Roh P.S. Case No. 368 of 2025 registered for the offence under
Sections 25(1-B)a, 26(2), 35 of the Arms Act.
3. As per the prosecution case, one country made
pistol, two rifles and around 30 cartridges hidden at different
place were recovered from the house of the petitioner.
4. The petitioner is in custody since 29.10.2025 and
has one criminal antecedent. There is a direct and specific
allegation against the petitioner regarding the accumulation of
illegal arms and ammunition.
5. Considering the aforesaid facts and the recovery
from the house of the petitioner, this Court is not inclined to
Patna High Court CR. MISC. No.91233 of 2025(5) dt.30-03-2026
2/2
grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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