Patna High Court
Ram Prasad Badhhai @ Ram Prasad BadaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
3/3
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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