Gourav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33704 of 2026 Arising Out of PS. Case No.-255 Year-2025 Thana- MANSI District- Khagaria ====================================================== Gourav Kumar S/O Bahadur Prasad @ Bahdur Prasad Yadav Resident of Village- Sahorba, Ward No. 10, P.S- Chautham, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2026 Heard the parties.
2. The petitioner seeks bail in connection with Mansi P.S. Case No. 255 of 2025 registered for the offence under Sections 25(1-b)a, 26(2), 27, 35 of Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 14.11.2025.
4. As per FIR, two country made rifles with magazine, one country made pistol, 45 live cartridge and two bindolia was recovered from possession of petitioner.
5. Learned counsel appearing on behalf of the petitioner submitted that no incriminating articles were recovered from the possession of this petitioner and he has
Patna High Court CR. MISC. No.33704 of 2026(3) dt.15-07-2026 2/3 been implicated falsely with present case. It is also submitted that seizure list is disputed as same not appears supported by independent witnesses, rather by police personal. It is also pointed out that recovery of fire arm was made from open place like bush which is accessible by general public.
6. It is submitted that similarly situated co-accused persons have already granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 22814 of 2026 vide order dated 02.06.2026, therefore as a matter of judicial parity this petitioner also deserves bail. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by taking note of fact as recovery of fire arms prima-facie not appears to be made from the physical possession of this
Patna High Court CR. MISC. No.33704 of 2026(3) dt.15-07-2026 3/3 petitioner, coupled with fact that similarly situated coaccused persons have already been granted bail by one of the learned co-ordinate Bench of this Court as discussed aforesaid where petitioner remains in custody since 14.11.2025, accordingly petitioner above named, is directed to be released on bail in connection with Mansi P.S. Case No. 255 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 learned CJM, Khagaria /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T