Allowed¶21

Harendra Prasad v. The State of Bihar

Patna HC11 May 2026CR. MISC./6070/2026

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Crl. Misc. No. 6070 of 2026; Neora P.S. Case No. 191 of 2025; Arms Act Sections 25(1-B)(a), 26, 35; Bihar Prohibition and Excise Act Section 30(a); Section 103 B.N.S.S. search-procedure contention; recovery of .315 bore rifle, 253 cartridges and Rs. 6,67,100/- cash; licensed rifle in name of CRPF serviceman Sudhir Kumar; custody since 14.10.2025; criminal antecedents on bail; bail-bonds Rs. 10,000/- each with two sureties; Praveen Kumar, J.

What did the court decide?

Both petitioners enlarged on regular bail on bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned court concerned, Patna, in connection with Neora P.S. case No. 191 of 2025. ¶21

Harendra Prasad 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 petitioners are entitled to regular bail in connection with Neora P.S. Case No. 191 of 2025 registered under Sections 25(1-B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the court enlarged both named petitioners on bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the court concerned, Patna, in connection with Neora P.S. case No. 191 of 2025.

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Ratio / Principle

The bail application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Praveen Kumar, J.), Criminal Miscellaneous No. 6070 of 2026, decided 11-05-2026: Petitioners Harendra Prasad and Ashutosh Kumar @ Ashu sought regular bail in Neora P.S. Case No. 191 of 2025, District Patna, for offences under Sections 25(1-B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case: on secret information, a raid on the petitioners' joint house yielded a .315 bore rifle, 253 cartridges and Rs. 6,67,100/- in cash. Defence submissions: the rifle was licensed and stood in the name of Sudhir Kumar, son of petitioner no. 1, serving in the CRPF, who also owned the cartridges; the search did not follow Section 103 of the B.N.S.S.; the cash was not shown to be crime proceeds; petitioners in custody since 14.10.2025 with three and four criminal antecedents respectively, all on bail and none similar. Held, allowing the application: considering the facts, circumstances and period of custody, both petitioners enlarged on bail on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6070 of 2026

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Arising Out of PS. Case No.-191 Year-2025 Thana- NEORA District- Patna

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

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

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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

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4 11-05-2026 Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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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.

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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

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Patna High Court CR. MISC. No.6070 of 2026(4) dt.11-05-2026 2/3

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recovered from an almirah, and a sum of Rs. 6,67,100/- was also recovered from the joint house of the petitioners.

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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.

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

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6 . Heard the parties and perused the record.

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

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7. Considering the above facts and circumstances of

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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.

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8. The application stands allowed.

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(Praveen Kumar, J)

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Jyoti/-

Harendra Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Harendra Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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