Patna High Court
Gudiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail to the petitioner, finding the circumstances did not justify its grant.
Summary
Gudiya Devi, the wife of alleged arms dealer Upendra Singh, applied for regular bail in a case registered under sections 25(1-AA), 25(1-B)(a), 26 and 35 of the Arms Act. The prosecution alleged that a police raid uncovered a country‑made carbine from the husband and, based on the wife's disclosure from the terrace, a large cache of firearms and ammunition was seized from the house. The petitioner contended that she is innocent, no weapon was recovered from her person, and she has no prior record under the Arms Act. The court examined the seriousness of the offences, the volume of arms seized, and the allegations in the FIR. Concluding that the circumstances did not warrant bail, the court rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether regular bail can be granted to the petitioner under the Arms Act given the nature of the offences and the seizure of a large number of firearms.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- illegal arms
- seizure
- criminal procedure
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10025 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Gudiya Devi W/o- Upendra Singh Resident of Village- Jitwarpur Ward No-
10 PS-Govind Ganj Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Govindganj P.S. Case
no. 263 of 2025 registered under sections 25(1-AA), 25(1-B)(a),
26 and 35 of the Arms Act.
3. As per the prosecution case, on information having
been received about the accused Upendra Singh being involved
in sale and purchase of arms, it is stated that a raid was
conducted. Seeing the police personnel, the accused made an
attempt to escape. From the possession of Upendra Singh, it is
stated that a country made carbine was recovered. On
inquiry, he disclosed that he along with his wife i.e. the
Patna High Court CR. MISC. No.10025 of 2026(2) dt.25-02-2026
2/3
petitioner herein were involved in sale and purchase of firearms
which he used to get from Jammu and Kashmir. The informant
further states that on entering the house, the petitioner herein
who happens to be the wife of Upendra Singh was taken into
custody and on her disclosure from the terrace of the house
various incriminating articles including an automatic pistol
made in Italy, a pistol made in USA, two country made pistols, a
local country made pistol, a single barrel gun, an air gun and a
live cartridge as also 73 empty cartridges were found besides
cash of Rs. 2,56,230/.
4. Learned counsel for the petitioner submits that the
petitioner who happens to be a lady is innocent and has been
falsely implicated to the case. No incriminating article has been
recovered from her possession. She is in custody since
26.5.2025 and has no antecedent under the Arms Act. She
undertakes to cooperate in the investigation/trial.
5. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR together with
the contents of the seizure list as described herein above
wherein large number of arms were recovered on the disclosure
made by the petitioner from the terrace of the house, the Court
is not inclined to enlarge the petitioner on bail and the
Patna High Court CR. MISC. No.10025 of 2026(2) dt.25-02-2026
3/3
application is rejected.
6. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Bibhash
U T
Checking your session…