Patna High Court
Balmiki Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The petitioner is entitled to bail.
Summary
Balmiki Kumar Singh was arrested with a country-made pistol and two cartridges and charged under Sections 310(4), 310(5) of the B.N.S., 2023 and Sections 25(1-b)(a), 25 and 35 of the Arms Act. He had been in judicial custody since 26 November 2025, about six months, and claimed he was falsely implicated, also noting two other pending cases, one under the Excise Act. The State opposed bail, emphasizing the seriousness of the weapon recovery and his prior cases. The High Court held that the recovery of the weapon is a matter for trial and that the prior cases do not bar bail, especially given the length of custody. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties, emphasizing that its observations are prima facie and not a determination on the merits.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under the B.N.S., 2023 and the Arms Act and the recovery of a firearm.
- Whether the petitioner’s prior criminal cases constitute a bar to granting bail.
Legislation cited
- Arms Act — s. 25, 25(1-b)(a), 35
- B.N.S., 2023 — s. 310(4), 310(5)
Subjects
- bail
- criminal procedure
- arms possession
- narcotic substances
- judicial custody
- prior cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16868 of 2026
Arising Out of PS. Case No.-777 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Balmiki Kumar Singh Son of Sri Rajendra Singh Resident of Village-
Jamalpur, P.S.- Marhoura, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Marhoura P.S. Case No. 777 of 2025, registered under Sections
310(4), 310(5) of the B.N.S., 2023 and Sections 25(1-b)(a), 25,
35 of the Arms Act.
3. As per the prosecution case, the petitioner was
arrested with one country-made pistol and two cartridges.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the petitioner has two
other cases, one of which is under the Excise Act. The petitioner
has been in judicial custody since 26.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail, placing reliance on the nature of the recovery
Patna High Court CR. MISC. No.16868 of 2026(3) dt.27-05-2026
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alleged against the petitioner.
6. Having considered the submissions advanced on
behalf of the respective parties, this Court is of the view that the
petitioner is entitled to bail. The petitioner has been in judicial
custody for approximately six months since 26.11.2025. The
recovery of a country-made pistol and two cartridges is a matter
that will fall to be determined at trial on the basis of the
evidence adduced; at the stage of bail, this Court is not required
to adjudicate upon the veracity of the recovery. The prior cases
referred to by the learned APP do not, in the facts of the present
matter, constitute a bar to the grant of bail. Accordingly, this bail
application is allowed.
7. Let the petitioner above-named, Balmiki Kumar
Singh, be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Chapra/concerned court below in connection with
Marhoura P.S. Case No. 777 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.16868 of 2026(3) dt.27-05-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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