Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6070 of 2026 Arising Out of PS. Case No.-191 Year-2025 Thana- NEORA District- Patna ====================================================== 1.

Harendra Prasad Son of Late Ram Net Prasad Resident of village- Neora, Kumhar Toli, P.S.- Neora, Distt.- Patna 2.

Ashutosh Kumar @ Ashu S/o Harendra Prasad Resident of village- Neora, Kumhar Toli, P.S.- Neora, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Anand, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 11-05-2026 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Neora P.S. case No. 191 of 2025 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act, and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, on a secret information regarding the concealment of a large quantity of firearms and foreign liquor, the informant, along with police personnel, conducted a raid at the house of the petitioners. During the search, a .315 bore rifle and altogether 253 cartridges were

Patna High Court CR. MISC. No.6070 of 2026(4) dt.11-05-2026 2/3 recovered from an almirah, and a sum of Rs. 6,67,100/- was also recovered from the joint house of the petitioners.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It has further been submitted that the rifle was under a valid license and stood in the name of Sudhir Kumar (son of petitioner no. 1) who is serving in the Central Reserve Police Force (CRPF), and that the cartridges also belonged to him. It has also been submitted that the procedure prescribed under Section 103 of the B.N.S.S. has not been followed. It has further been submitted that with regard to the recovery of cash, the prosecution has failed to produce any evidence to show that the said amount was derived from any criminal activity and at best, the petitioners may be answerable to the Income Tax Department. The petitioners are in custody since 14.10.2025. Lastly, it has been submitted that petitioner no. 1 has three criminal antecedents and the petitioner no. 2 has four criminal antecedents, in which they are on bail, and none of the cases are of a similar nature.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioners.

6. Heard the parties and perused the record.

Patna High Court CR. MISC. No.6070 of 2026(4) dt.11-05-2026 3/3

7. Considering the above facts and circumstances of the case as well as the period of custody, let the petitioners above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Neora P.S. case No. 191 of 2025.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T