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Patna High Court

Suraj Kumar Gupta @ Suraj SahuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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