Patna High Court
Shankar Singh @ Shankar Kumar @ Shankar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail is warranted as the petitioner’s alleged involvement is not substantiated beyond a co‑accused’s confession and no material was recovered from him, mirroring the bail granted to other co‑accused.
Summary
The petitioner, Shankar Singh, sought bail in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act where police recovered a pistol, magazine and live cartridges from a co‑accused’s house. The prosecution’s case relied mainly on the confessional statement of the co‑accused Mannu Kumar, with no material seized from the petitioner and no independent witnesses. The petitioner argued that he was falsely implicated and that other co‑accused had already been granted bail. The court noted the lack of direct evidence against the petitioner and the precedent of bail being granted to similarly situated co‑accused. Consequently, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act where the only evidence against him is a co‑accused’s confession and no material was recovered from his possession.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- confessional statement
- co‑accused
- independent witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.242 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Shankar Singh @ Shankar Kumar @ Shankar Kumar Singh, Male, aged about
19 years, Son of Manoj Singh, Resident of Village- Rahatpur, P.S.- Ballia
(Baliya), District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Ballia
(Baliya) P.S. Case No. 227 of 2025 instituted for the offences
punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, on secret information,
police conducted a raid and apprehended the co-accused Mannu
Kumar while others managed to escape and at the instance of
the apprehended co-accused, one country made pistol, one
magazine and seven live cartridges were recovered from the
house of co-accused Mannu Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that petitioner
Patna High Court CR. MISC. No.242 of 2026(2) dt.15-01-2026
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is named in the FIR and his name has been sprung up only on
the basis of confessional statement of the co-accused Mannu
Kumar and the said Mannu Kumar has been granted bail by a
Bench of this Court. Nothing has been recovered from the
conscious possession of the petitioner. He further submits that
both the witnesses are members of the raiding party and there is
no any independent witness of the occurrence. Similarly situated
co-accused persons namely Mannu Kumar @ Manu Kumar and
Chhotu Kumar @ Chhotu have been granted bail by a Co-
ordinate Bench of this Court. Petitioner is in custody since
27.09.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned District and Additional Sessions Judge-II, Begusarai
dated 21.11.2025, it appears that petitioner is named in the FIR.
From perusal of the records, it also appears that on the basis of
written report of the informant, FIR has been registered under
Sections 25(1-b)a, 26 and 35 of the Arms Act against the four
co-accused persons including the present petitioner. Similarly
situated co-accused persons namely Mannu Kumar @ Manu
Kumar and Chhotu Kumar @ Chhotu have been granted bail by
Patna High Court CR. MISC. No.242 of 2026(2) dt.15-01-2026
3/3
a Co-ordinate Bench of this Court in Cr. Misc. Nos. 60216 of
2025 and 60101 of 2025 vide orders dated 09.09.2025,
respectively, so I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Begusarai in connection with Ballia
(Baliya) P.S. Case No. 227 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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