Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
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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