Patna High Court
Shailesh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Instruments Act — s. 111(3), 310(4), 310(5)
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
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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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