Patna High Court
Arjun Bikram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that anticipatory bail must be granted as the allegations are unsubstantiated and custodial interrogation is not required.
Summary
Arjun Bikram Singh applied for anticipatory bail after the police seized a rifle, pistol and magazine from his house in connection with a case under Sections 25(1‑B)(a), 25(9) and 26 of the Arms Act, alleging that his minor son used the licensed weapon. The petitioner claimed innocence, stating he was not present at the time and that the weapon was lawfully licensed to him. The State opposed bail, relying on villagers' statements that the petitioner encouraged his son to flaunt the weapon. The court found the allegations unsubstantiated, noted that custodial interrogation was unnecessary, and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required a bond, sureties, cooperation with investigation, and verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the Arms Act.
- Whether the allegations against the petitioner are sufficient to justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 25(9), 26
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- licensed weapon
- minor offender
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14781 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- MEHANDIGANJ District- Patna
======================================================
Arjun Bikram Singh Son of Late Shiv Vachan Singh Resident of - Maheshpur,
Kailash Nagar, P.S.- Mehandiganj, District - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagadeo Choubey
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mehandiganj P.S. Case No. 37 of 2025, registered for the
offences punishable under Sections 25(1-B)(a), 25(9) and 26 of
the Arms Act.
3. The prosecution case, in brief, is that during
patrolling duty, the informant received a viral video showing a
boy firing a rifle near Kailash Nagar, Mohalla-Maheshpur. On
inquiry, local people identified the boy as the petitioner's son,
Anmol Singh. Thereafter, the police searched his house and
recovered one 315 bore rifle, a pistol and an empty magazine.
Anmol Singh informed the police that the rifle was licensed in
the name of his father, the petitioner, and had been purchased
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from Jammu & Kashmir.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated. The
petitioner was not present at his house at the time of alleged
occurrence. The petitioner is a licensed holder of the alleged
weapon.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. In paragraph 55 of the case diary, it has come that
on the statements of the local villagers, it appears that the
petitioner was encouraging his son to flaunt and use his licensed
weapon for firing. The names and identities of the local villagers
have not been disclosed in paragraph 55 of the case diary and
therefore, it is apparent that the name of the petitioner has
surfaced on account of unsubstantiated suspicion. The licensed
weapon of the petitioner, which was purportedly used by his
minor son, has already been seized. Under these circumstances,
I am of the view that custodial interrogation is not required and
hence, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
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enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M., Patna City, Patna in connection
with Mehandiganj P.S. Case No. 37 of 2025, subject to the
conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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