Sumit Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sumit Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Begusarai in connection with Bachhwara P.S. Case No. 37 of 2025.

Issue for consideration

Whether the petitioner, in judicial custody since 07.02.2025 in connection with Bachhwara P.S. Case No. 37 of 2025 (offences under Sections 25(1-B)a, 26 and 35 of the Arms Act), should be released on regular bail.

Court's answer

On perusal of the FIR and the impugned order dated 03.05.2025, the court recorded that one live cartridge was recovered from the petitioner's possession, while the two country-made pistols were recovered each from the other two accused persons.

Ratio / Principle

Considering the aforesaid facts and circumstances and the submissions of counsel, the court directed release of the petitioner on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Begusarai in connection with Bachhwara P.S. Case No. 37 of 2025.

Detailed headnote1 paragraphs

Bail granted — Criminal Miscellaneous No.44357 of 2025, High Court of Judicature at Patna (Ramesh Chand Malviya, J.), order dated 16-07-2025: Petitioner in judicial custody since 07.02.2025 in Bachhwara P.S. Case No. 37 of 2025 (District Begusarai), registered under Sections 25(1-B)a, 26 and 35 of the Arms Act; FIR lodged against three accused. Perusal of FIR and impugned order dated 03.05.2025 showed one live cartridge recovered from the petitioner's possession, the two country-made pistols being recovered each from the other two accused. Despite the APP's opposition and counsel's contentions (false implication, absence of independent seizure list witness, witnesses being police personnel, one prior antecedent under the Bihar Prohibition and Excise Act already on bail), the court released the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Begusarai.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44357 of 2025

Arising Out of PS. Case No.-37 Year-2025 Thana- BACHHWARA District- Begusarai

======================================================

Sumit Kumar S/O Late Dino Paswan @ Dinesh Paswan Village- Gehni, Ward No 1 P.S.- Bhagwanpur, District- Begusarai

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rahul Singh, Adv For the Opposite Party/s : Mr.Lalan Kumar, App ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 16-07-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Bachhwara P.S Case No. 37 of 2025 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution, FIR has been lodged against three accused person including the present petitioner against whom there is a recovery of two country made pistol and one live cartridge has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner’s name has been figured merely on the basis of suspicion and ill motive of the informant. He further submits that no incriminating article has been recovered from the physical or conscious possession of the petitioner. He further

Patna High Court CR. MISC. No.44357 of 2025(2) dt.16-07-2025 2/2

submits that there is no independent seizure list witness and the two witnesses which has been mentioned are police personnel. It is also submitted that petitioner is in judicial custody since 07.02.2025 having one antecedent of Bihar Prohibition and Excise Act in which he is on bail.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order dated 03.05.2025, it appears that one live cartridge has been recovered from the possession of the petitioner and the alleged two country made pistol each has been recovered from the other two accused persons and considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Begusarai in connection with Bachhwara P.S. Case No. 37 of 2025.

(Ramesh Chand Malviya, J)

Sunnykr/-

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