Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
Arun Kumar was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after police recovered two pistols, fourteen cartridges and Rs. 9,38,600 from his house. The petitioner contended that he is innocent and that the weapons and money were planted by his brother, with whom he has a family dispute, to frame him. He had been in custody since 25‑10‑2025 and sought regular bail. The State opposed the bail, citing the seriousness of the arms offences. After hearing both sides, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with attendance and cooperation conditions. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences under the Arms Act.
- Whether the alleged conspiracy and alleged planting of evidence by a family member affect the bail decision.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- regular bail
- Arms Act
- seizure of weapons
- conspiracy
- false case
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9130 of 2026
Arising Out of PS. Case No.-1122 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
Arun Kumar S/o Siyaram Yadav Resident of Village- Balatard, P.S.-
Jehanabad (Kalpa), District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.A. Shamshi, Advocate
Mr. Ankita Singh
For the Opposite Party/s : Ms.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Jehanabad (Kalpa) P.S. Case No. 11122 of 2025 registered for
the offence under Section(s) 25(1-B)(a), 26 and 35 of the Arms
Act.
3. As per the prosecution case, two country-made
pistols, fourteen cartridges, and cash amounting to Rs.
9,38,600/- were recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. The
petitioner has been in custody since 25.10.2025. It is further
submitted that the petitioner has enmity with his own brother,
Patna High Court CR. MISC. No.9130 of 2026(4) dt.27-04-2026
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namely Dharmendra Kumar, who allegedly threatened to
implicate him in a false and fabricated case. In furtherance of
the said conspiracy, it is contended that arms and ammunition
were secretly planted in the petitioner’s house, and thereafter the
police was informed. It is also submitted that the petitioner and
other family members had sold their ancestral land in their
village and kept the money at the house for the purpose of
purchasing land at Jehanabad, which amount has since been
seized by the police.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the nature of allegations, the period of custody of the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Jehanabad (Kalpa)
P.S. Case No. 1122 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Jehanabad (Kalpa) Police
Patna High Court CR. MISC. No.9130 of 2026(4) dt.27-04-2026
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Station on the first and third Sunday of each
month. Any default in appearance at the
Police Station would result in cancellation of
bail bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. 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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