Patna High Court
Suraj Kumar Gupta @ Suraj SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Suraj Kumar Gupta, applied for anticipatory bail after learning of his impending arrest in a case involving alleged possession of two country-made pistols, a live cartridge, two motorcycles and a mobile phone, alleged under Sections 25(1‑B)a, 26, 35 of the Arms Act and Section 37 of the Bihar Prohibition and Excise (Amendment) Act. He contended that he has a clean record, was not arrested at the spot, and that no seized items were found in his possession; his alleged involvement stemmed only from ownership of one of the motorcycles and a confessional statement made by another accused, which he argued lacks evidentiary value. The State opposed the bail, asserting that the seized articles were recovered from the scene, the allegations are serious, and the investigation is at an early stage. The Court examined the relevance of the confessional statement and the seriousness of the offenses, and concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged violations of the Arms Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether a confessional statement made to police by another accused can be relied upon to justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
Subjects
- anticipatory bail
- Arms Act
- Excise Act
- confessional statement
- clean antecedent
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12423 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Suraj Kumar Gupta @ Suraj Sahu S/O Prem Chand Kumar Gupta @ Prem
Chand Prasad R/O Mohalla- Takia Bazar, P.S- Sasaram (T), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in connection
with Sasaram (Town) P.S. Case No.23/2026, registered for the
offences punishable under Section 25 (1-B)a, 26, 35 of the Arms
Act and Section 37 of Bihar Prohibition and Excise
(Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of two country made pistols along with a loaded live
magzine cartridge along with two motorcycles and a mobile
phone from a place near Shankar College, in front of
Mahavidyalaya Bhawan.
4. Learned counsel submits that petitioner was not
Patna High Court CR. MISC. No.12423 of 2026(2) dt.10-03-2026
2/3
arrested from the spot as such nothing was recovered from his
possession and he came to be implicated based on the fact that
he is owner of one of the seized motorcycles. It is also
submitted that the name of the petitioner is not mentioned in the
accused column but in the body of the FIR, it is alleged that
based on the confessional statement of apprehended accused,
the name of the petitioner transpired, who disclosed that the
recovered articles belongs to the petitioner. It is next submitted
that confessional statement of an accused in police custody does
not have any evidentiary value. It is also submitted that
petitioner is a student of BBA.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the case has
been registered under the Excise Act and the Arms Act and it is
not in dispute that articles as disclosed in the FIR have been
recovered from the place of occurrence. It is also submitted that
no doubt the confessional statement before the police does not
have any evidentiary value but then investigation of the case is
in its nascent stages and allegations are serious. It is also
submitted that though a plea has been taken that petitioner is a
student but then no documentary evidence has been brought on
record to substantiate the same.
Patna High Court CR. MISC. No.12423 of 2026(2) dt.10-03-2026
3/3
6. After hearing the learned counsel for the parties, the
Court is not inclined to extend the privilege of anticipatory bail
to the petitioner.
7. The anticipatory bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
U T
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