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Patna High Court

Shailesh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Shailesh Singh applied for regular bail in a case registered under Sections 310(4), 310(5) and 111(3) of the Bihar Negotiable Instruments Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that two mobile phones, an ATM card and a PAN card were recovered from his possession, while the petitioner contended that the mobiles belonged to him and no arms were found. He had been in judicial custody since 12‑April‑2025 and a co‑accused with prior criminal history had already been granted bail. The State opposed bail, citing six pending criminal cases against the petitioner. After hearing both sides, the court considered the lack of arms evidence, the petitioner’s cooperation, and the bail granted to the co‑accused, and ordered his release on a bail bond of Rs.10,000 with two sureties, subject to appearing at each trial date.

Issues considered

  • Whether bail should be granted in a case involving alleged offences under the Bihar Negotiable Instruments Act and the Arms Act.
  • Whether the recovery of mobiles, ATM card and PAN card constitutes sufficient ground to deny bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of regular bail.

Legislation cited

Subjects

  • regular bail
  • criminal antecedent
  • Arms Act
  • Bihar Negotiable Instruments Act
  • high court
  • bail bond
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11352 of 2026
                      Arising Out of PS. Case No.-35 Year-2025 Thana- Shahpur P.S. District- Nawada
                 ======================================================
                 Shailesh Singh, Son of Late Satya Narayan Singh, Resident of Keshri Nagar,
                 Baba Chowk, PS- Shastrinagar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :        Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 310(4),

                   310(5) & 111(3) of the BNS and under Sections 25(1-b)a, 26 &

                   35 of the Arms Act.

                                3. The case of the prosecution in short is that from

                   possession of this petitioner, two mobiles along with atm card

                   and pan card has been recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the recovered of mobile along with others belongs to the

                   petitioner. No any arms have been recovered from the

                   possession of this petitioner. It has also been submitted that

                   other co-accused person having criminal antecedents has been
             Patna High Court CR. MISC. No.11352 of 2026(2) dt.18-02-2026
                                                         2/2




                       granted bail by the learned Co-ordinate Bench vide Cr. Misc.

                       No. 73406 of 2025. Moreover, the petitioner is languishing in

                       judicial custody since 12.04.2025.

                                    5. Learned Additional Public Prosecutor for the State

                       has vehemently opposed the bail and has submitted that

                       petitioner is having criminal antecedent of six cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Shahpur P.S. Case No. 35 of 2025 on furnishing bail bond of

                       Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.C.J.M. VI, Nawada with a

                       condition that the petitioner shall cooperate in trial and shall

                       remain physically present in the trial court on each and

                       every fixed date.



                                              (Ashok Kumar Pandey, J)
lata/-

U        T


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