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Patna High Court

Subham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Subham Kumar was arrested in connection with alleged offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act, based on a FIR that claimed he was the mastermind behind the recovery of a desi katta and bullets. The petitioner contended that he was falsely implicated, relying on a confessional statement of co‑accused Ram Lagan Kumar, and argued that no arms were found in his possession nor any link to the place of recovery. He also highlighted that co‑accused Ram Lagan Kumar and Manish Kumar had already been granted bail by a coordinate bench of the same court. The State opposed the bail application. Considering the lack of direct evidence against the petitioner and the precedent of bail to similarly situated co‑accused, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act charges in view of the absence of possession and the grant of bail to co‑accused.

Legislation cited

Subjects

  • bail
  • Arms Act
  • false implication
  • co‑accused confession
  • possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1058 of 2026
                       Arising Out of PS. Case No.-190 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Subham Kumar, aged about- 26 years, Gender- Male, S/O Sikandar Poddar,
                 R/O Village - Bari Ballia , Ward No.- 2, P.S- Ballia, District- Begusarai

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Mohan Singh, Advocate
                 For the Opposite Party/s :        Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

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

                   counsel for the State.

                                2. The petitioner is in custody in a case registered for

                   the offence punishable under Section 25(1-b)a/26/35 of Arms

                   Act.

                                3. As per allegation in the FIR, while the informant

                   was on patrolling duty, he found Desi Katta and bullets from the

                   petrol pump which was used in the case of Lakho P.S. Case No.

                   68 of 2025 and petitioner is mastermind of the whole incident.

                                4. Learned counsel for the petitioners submits that the

                   petitioner has falsely been implicated in this case due to

                   confessional statement of co-accused, namely, Ram Lagan

                   Kumar. He next submits that there is no recovery from his
          Patna High Court CR. MISC. No.1058 of 2026(2) dt.15-01-2026
                                                      2/2




                    conscious possession and has got no concern with any seized

                    arms and cartridges and has no any connection with the alleged

                    place of recovery. He next submits that similarly situated co-

                    accused, namely, Ram Lagan Kumar and Manish Kumar have

                    already been granted bail by a Co-ordinate Bench of this Court

                    passed in Cr. Misc. No.89930 of 2025 and petitioner is in

                    custody since 18.06.2025.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. In view of the aforesaid facts and circumstances as

                    well as the fact that similarly situated co-accused persons have

                    already been granted bail by a Co-ordinate Bench of this Court,

                    so let the above named petitioner be released on bail on

                    furnishing bail bond of Rs.10,000/-(ten thousand) with two

                    sureties of the like amount each to the satisfaction of learned

                    CJM, Begusarai in connection with Ballia P.S. case No. 190 of

                    2025.




                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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