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Patna High Court

Ram Prasad Badhhai @ Ram Prasad BadaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and sureties, retaining the power to cancel bail if he attempts to delay the trial.

Summary

Ram Prasad Badhhai was arrested in connection with alleged illegal arms manufacturing and charged under Sections 25(1‑A), 25(1‑AA), 25(1‑B), 25(1‑Ba), 26 and 35 of the Arms Act. He applied for regular bail, claiming a clean antecedent, custody since 22‑Oct‑2025, and that he is not named in the FIR; his alleged involvement appears only in a confessional statement of co‑accused Bikash, which the petitioner contends lacks evidentiary value. The State opposed bail, arguing the seriousness of the offences. The court considered the petitioner's clean record, the lack of his name in the FIR, and the prior anticipatory bail granted to a related accused, and decided to release him on bail with a Rs 10,000 bond and two sureties, subject to conditions that the trial court may cancel bail if he attempts to delay the trial. The order emphasizes that bail may be revoked if the petitioner tries to obstruct the proceedings.

Issues considered

  • Whether regular bail should be granted to the accused despite the confessional statement of a co‑accused linking him to illegal arms manufacturing
  • Whether the absence of the accused's name in the FIR and his clean antecedent justify bail
  • Whether the court can impose conditions and retain the power to cancel bail if the accused attempts to delay trial

Legislation cited

  • Arms Act — s. 25(1-A), 25(1-AA), 25(1-B), 25(1-Ba), 26, 35

Subjects

  • bail
  • regular bail
  • Arms Act
  • confessional statement
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12678 of 2026
                         Arising Out of PS. Case No.-11 Year-2025 Thana- Darhar District- Saharsa
                 ======================================================
                 Ram Prasad Badhhai @ Ram Prasad Badai S/o- Late Laxman Badhai Village-
                 Devka, W.No- 1, Post- Hati PS- Darhar Nauhatta Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satish Kumar Singh
                 For the Opposite Party/s :        Mr. Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 25(1-A), 25(1-AA), 25(1-

                   B), 25(1-B)a, 26 and 35 of the Arms Act

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 22.10.2025. It is further submitted that Nageshwar Sharma

                   had approached this court seeking anticipatory bail by filing Cr.

                   Misc. No.53341 of 2025 and the same came to be allowed by an

                   order dated 18.08.2025. It is next submitted that the case of the

                   petitioner is on a similar footing and the only difference is that

                   petitioner is seeking regular bail. It is further submitted that

                   petitioner is not named in the FIR and his name transpired in the
Patna High Court CR. MISC. No.12678 of 2026(2) dt.05-05-2026
                                            2/3




          confessional statement of Bikash in police custody which does

          not have any evidentiary value and the informant alleges that on

          information, the house of Bikash and Punanad were raided as

          they were involved in manufacturing of illegal arms, further

          Bikash was arrested who disclosed that Punanad fled and from

          his house, arms and cartridges were recovered along with other

          articles. It is next submitted that petitioner was not named in the

          FIR nor Bikash at the time of arrest disclosed the name of the

          petitioner but subsequently in his confession, he disclosed that it

          was petitioner who taught him how to manufacture arms. It is

          further submitted that if privilege of regular bail is granted, the

          petitioner will not abscond rather will cooperate in the trial to

          prove his innocence.

                       4. Learned A.P.P. for the State opposes the bail

          application of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, is

          directed to be released on bail on furnishing bail bonds of

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

          amount each to the satisfaction of the learned trial court where

          the case is pending/Successor Court in connection with Darhar

          P.S. Case No. 11 of 2025.
             Patna High Court CR. MISC. No.12678 of 2026(2) dt.05-05-2026
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                                    6. It is made clear that if the learned trial court comes

                       to a conclusion that petitioner after his release is trying to delay

                       the framing of charge or after framing of charge is trying to

                       delay the trial, in both the conditions, the learned trial court

                       shall be at liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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