Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Pradeep Kumar, was arrested in connection with a case registered under sections 310(4), 310(5), 111(4) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that while co‑accused were found with a loaded pistol, a knife was recovered from the petitioner. The petitioner contended that no incriminating article was found on him and that he was falsely implicated, having been in custody since 15 August 2025 with a chargesheet already filed. The State opposed the bail application. After hearing both sides, the court considered the seriousness of the charges, the length of pre‑trial detention, and the filing of the chargesheet, and ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether regular bail can be granted to the accused under sections 310(4), 310(5), 111(4) of the Bharatiya Nyaya Sanhita and sections 25(1‑B)(a), 26 and 35 of the Arms Act despite the seriousness of the offences.
- Whether the petitioner’s alleged possession of a knife constitutes a ground to deny bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(4), 310(4), 310(5)
Subjects
- regular bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- Arms Act
- chargesheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9988 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- DHAMOUL District- Nawada
======================================================
Pradeep Kumar S/O Sri Ram Balak Yadav @ Ram Balak Prasad @ Balak
Prasad R/O vill.- Atari, P.S.- Dhamaul, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dhamaul P.S. Case
no.110 of 2025 registered under sections 310(4), 310(5) and
111(4) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-
B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states
that seeing the police personnel, four accused persons attempted
to escape but were caught. On search, while loaded country
made pistol etc. has been recovered from the possession of the
co-accused, from the possession of the petitioner, a knife was
recovered.
4. Learned counsel for the petitioner submits that
no incriminating article has been recovered from the petitioner’s
Patna High Court CR. MISC. No.9988 of 2026(2) dt.25-02-2026
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possession who has been falsely implicated in the case because
of his antecedents. He is in custody since 15.8.2025 and
chargesheet has been submitted in the case.
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 against the petitioner in
the FIR, his being in custody for over 6 months since 15.8.2025
and chargesheet having been submitted in the case, the Court
directs the petitioner to be enlarged on bail in connection with
Dhamaul P.S. Case no.110 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate V, Nawada.
(Partha Sarthy, J)
Saurabh/-
U T
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