Patna High Court
Pappu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Pappu Singh, applied for bail in a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a pistol recovered from a co‑accused’s room was alleged to belong to him. The prosecution relied on the co‑accused’s confessional statement, while the petitioner claimed innocence, stating no weapon was found in his possession and that he was falsely implicated. He had been in judicial custody since 7 December 2025 and the State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court considered the lack of direct evidence against the petitioner and the circumstances of his custody. The court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act despite the prosecution’s reliance on a co‑accused’s confessional statement and the petitioner’s alleged prior criminal antecedent
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- criminal antecedent
- confessional statement
- judicial custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13719 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Pappu Singh Son of Uday Singh R/o Village- Kotwara, P.S.- Rafiganj,
District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rafiganj P.S. Case No. 490 of 2025 registered for the
offence punishable under Sections 25(1-B)(a), 26, 35 of the
Arms Act.
3. The case of the prosecution, in short, is that a
country made pistol was recovered from the room of one Pawan
Singh and Pawan Singh has disclosed that the seized pistol
belongs to the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.13719 of 2026(2) dt.12-03-2026
2/2
possession of this petitioner. The name of this petitioner has
surfaced in this case only on the basis of confessional statement
of co-accused. He further submits that the petitioner is
languishing in judicial custody since 07.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Aurangabad, Bihar in connection with
Rafiganj P.S. Case No. 490 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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