Allowed¶21

Dharamraj Kumar v. The State of Bihar

Patna HC15 Jan 2026CR. MISC./1194/2026

Case brief

AI extract

What is this about?

regular bail; Arms Act; Section 25(1-b)a; Section 26; country-made pistol; desi katta; 0.315 bore live cartridge; 8 mm KF; Section 103(4) BNSS search procedure; Surajgarha P.S. Case No. 275 of 2025; Lakhisarai; orchestra dance programme; village Surjivak; judicial custody since 15.09.2025; charge-sheet filed; bail after framing of charge; Rs. 10,000 bail bond; two sureties; Chief Judicial Magistrate; Patna High Court; CRIMINAL MISCELLANEOUS No.1194 of 2026; S. B. Pd. Singh, J.

What did the court decide?

Release on regular bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to conditions of physical presence at trial on every date (with cancellation risk on two consecutive absences without reasonable cause) and one bailor being a family member. ¶21

Dharamraj Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehended with a loaded country-made pistol in Surajgarha P.S. Case No. 275 of 2025 (Arms Act Sections 25(1-b)a and 26) and in judicial custody since 15.09.2025, should be released on regular bail.

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Court's answer

Keeping in view the facts and the period under custody, the petitioner is to be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha P.S. Case No. 275 of 2025.

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Ratio / Principle

Bail granted subject to conditions: (i) petitioner to remain physically present in trial on each and every date till disposal, failing which on two consecutive dates without reasonable cause the Trial Court may cancel his bail bond; (ii) one of the bailors shall be his family member.

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Detailed headnote1 paragraphs

Arms Act bail granted — Patna High Court allowed Criminal Miscellaneous No.1194 of 2026 filed by Dharamraj Kumar seeking regular bail in Surajgarha P.S. Case No. 275 of 2025 (Sections 25(1-b)a and 26, Arms Act), arising from recovery of a loaded country-made pistol (desi katta) with a live 0.315 bore cartridge (“8 mm KF”) from his waist during a raid on an orchestra dance programme at village Surjivak on 15.09.2025. Defence contended false implication and non-compliance with the mandatory search-and-seizure procedure under Section 103(4) BNSS; investigation complete and charge-sheet filed; petitioner in custody since 15.09.2025. Considering the custody period, the Court directed release on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, conditioned on the petitioner remaining physically present at trial on every date (failure on two consecutive dates without reasonable cause permitting cancellation of the bail bond) and one bailor being a family member. No express finding was made on the Section 103(4) BNSS contention.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1194 of 2026

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Arising Out of PS. Case No.-275 Year-2025 Thana- SURYAGARHA District- Lakhisarai

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

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Dharamraj Kumar S/O Valmiki Ram R/O Village- Manachak Kenar, P.SNalanda, Distt.- Nalanda, At presently residing at Village- Surjichak, P.SSurajgarha, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr.Sunil Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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2 15-01-2026 Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Surajgarha P.S. Case No. 275 of 2025 registered for the offences punishable under Sections 25(1-b)a, and 26 of the Arms Act.

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As per the prosecution story, on 15.09.2025 at about 02:00 hours, a confidential information was received at the police station that during an orchestra dance programme scheduled in the evening at village Surjivak, one person was openly waving a country-made pistol, and there was a strong apprehension that some untoward incident might occur. Thereafter, for verification of the information and for taking

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Patna High Court CR. MISC. No.1194 of 2026(2) dt.15-01-2026 2/3

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necessary legal action, police proceeded towards the place of occurrence. At about 02:35 hours, police team reached at the orchestra programme. The police noticed that one person, upon seeing the police, jumped down from the stage and attempted to flee. On suspicion, he was chased and apprehended with the help of the accompanying police officers. Upon interrogation, the apprehended person disclosed his name as Dharamraj Kumar (petitioner). During the search, one country-made pistol was recovered from the right side of the waist of the petitioner. On opening the pistol, one live cartridge of 0.315 bore, bearing marking “8 mm KF”, was found loaded inside it.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is alleged that though a loaded country-made pistol (desi katta) was recovered from the waist of the petitioner; however, the mandatory procedure prescribed under Section 103(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was not followed at the time of search and seizure. Learned counsel further submits that the investigation has already been completed and the charge-sheet has been filed against the petitioner. The petitioner has been in judicial custody since 15.09.2025 and is languishing in jail without any justifiable

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Patna High Court CR. MISC. No.1194 of 2026(2) dt.15-01-2026 3/3

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cause.

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Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

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Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhhisrai, connection with Surajgarha P.S. Case No. 275 of 2025 subject to the following conditions :-

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(i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

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(ii). One of the bailor shall be his family member.

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(S. B. Pd. Singh, J)

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Ankit Kumar/-

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Dharamraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharamraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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