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Patna High Court/1635/2026allowed

Kundan Kumar v. The State Of Bihar

2026-01-31Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1635 of 2026 Arising Out of PS. Case No.-190 Year-2025 Thana- PRATAPGANJ District- Supaul ====================================================== Kundan Kumar S/O Late Mahanand Yadav R/O Vill.- Bhairwa, Ward no. 12, P.S.- Pratapganj, Dist.- Supaul.

... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25 (1-B)a and 26 of the Arms Act.

3. The case of the prosecution, in short, is that one country made pistol was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner. It is further submitted that all the seizure list witnesses are police personnel and that the police have not followed the provisions of Section 105 of the BNS while

Patna High Court CR. MISC. No.1635 of 2026(2) dt.31-01-2026 2/2 making the seizure. Moreover, the petitioner is languishing in judicial custody since 14.09.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pratapganj P.S. Case No. 190 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur.

(Ashok Kumar Pandey, J) Jagdish/- U T