Patna High Court
Subham SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Subham Singh and Amit Kumar, applied for bail in a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where a co‑accused, Atul Kumar, was found with a pistol and live cartridge and allegedly named them as participants. The petitioners contended that no weapon was recovered from them, that they were falsely implicated, and that only the co‑accused’s confessional statement linked them to the offence. They had been in judicial custody since 22‑12‑2025. The State opposed bail, citing a prior criminal antecedent of the petitioners. After hearing both sides, the High Court considered the lack of direct material evidence against the petitioners and the circumstances of their detention, and decided to enlarge bail, directing a bond of Rs.10,000 with two sureties each. The bail order was issued by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences in the absence of direct material evidence.
- Whether the confessional statement of a co‑accused is sufficient to justify denial of bail.
- Whether a prior criminal antecedent precludes the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- pre‑trial detention
- co‑accused confession
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17061 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
1. Subham Singh S/o Chandrika Singh R/o Village - Bahwara, P.S -
Baikunthpur, District - Gopalganj
2. Amit Kumar S/o Raju Rai @ Raju Yadav R/o Village - Bahwara, P.S -
Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Baikunthpur P.S. Case No. 378 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 while the
police was busy in law and order, certain boys were talking about
sale and purchase of weapons. On this information, they reached at
the place of occurrence. One boy namely, Atul Kumar was
apprehended and from his possession, one country made pistol and
one live cartridge was recovered. On being asked, Atul Kumar has
disclosed the name of these petitioners.
Patna High Court CR. MISC. No.17061 of 2026(2) dt.17-03-2026
2/2
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of these petitioners. Save and except the confessional
statement of co-accused, there is nothing against these petitioners.
He further submits that the petitioners are languishing in judicial
custody since 22.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioners are 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 petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Gopalganj, Patna in connection with
Baikunthpur P.S. Case No. 378 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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