Binod Kumar @ Vinod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18410 of 2026 Arising Out of PS. Case No.-1045 Year-2025 Thana- DANAPUR District- Patna ====================================================== Binod Kumar @ Vinod Kumar S/o Rama Chaudhary R/o Village- Banpar Toli, Nariyal Ghat, PS- Danapur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2026 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner as well as Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 30.09.2025 in connection with Danapur P.S. Case No. 1045 of 2025, F.I.R. dated 30.09.2025 for the offences punishable under Sections 25(1-B)a/26 and 27 of the Arms Act.
3. According to prosecution case, a country made pistol and three live cartridges were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.18410 of 2026(3) dt.18-04-2026 2/3 committed any offences as alleged in the F.I.R. From bare perusal of the seizure list it appears that one of the seizure list witnesse is a police personnel so there is non-compliance of Section 100 of Cr.P.C/103 of BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 30.09.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that recovery has been made from the possession of the petitioner and apart from that petitioner carries four criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Danapur, Patna/concerned Court in connection with Danapur P.S. Case No. 1045 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.18410 of 2026(3) dt.18-04-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T