Created by Fuzzy Cloud

Patna High Court

Satyam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to bond and reporting conditions.

Summary

The petitioners, Satyam Kumar and Gulsan Kumar, were charged under Sections 414, 420, 467, 468, 471 and 34 of the Indian Penal Code and Sections 25(1‑b)a, 26 and 35 of the Arms Act in Kalyanpur Police Station Case No. 149 of 2023. They were not apprehended in the stolen vehicle from which pistols and cartridges were recovered; instead, they were named by co‑accused Prabhat Chaudhary, who had already been granted bail. The petitioners had been in custody since 24 July 2023 and sought bail. The Court noted that the co‑accused who were caught with illegal arms had been released on bail and, on that basis, allowed the bail application. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to report to the Kalyanpur police station every Sunday, failing which the bail would be cancelled.

Issues considered

  • Whether bail should be granted to the petitioners who were named by a co‑accused but not caught in the stolen vehicle carrying illegal arms.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • co‑accused
  • reporting condition
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26608 of 2026
                   Arising Out of PS. Case No.-149 Year-2023 Thana- KALYANPUR District- Samastipur
                 ======================================================
           1.     Satyam Kumar S/o Arvind Kumar Thakur @ Arbindra Kumar Thakur @
                  Arvind Thakur R/o Village - Singhiya, P.S - Kalyanpur, District - Samastipur
           2.    Gulsan Kumar @ Gulshan Kumar S/o Bablu Thakur @ Ashish Thakur R/o
                 Village - Dhornagar, P.S - Kalyanpur, District - Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Kalyanpur P.S. Case No. 149 of 2023 registered for the offence

                   punishable under Sections 414/420/467/468/471/34 of the

                   Indian Penal Code and Section 25(1-b)a, 26/35 Arms Act.

                                3. As per the prosecution case, some criminals were

                   arrested while travelling in a stolen vehicle. Pistols and

                   cartridges were recovered from the accused persons.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have not been caught in the vehicle but they have

                   been named by the co-accused Prabhat Chaudhary. Prabhat
              Patna High Court CR. MISC. No.26608 of 2026(2) dt.06-05-2026
                                                          2/2




                        Chaudhary has been granted bail by this Court. The petitioners

                        are in jail since 24.07.2023.

                                     5. Considering the fact that the two co-accused who

                        were caught in the stolen vehicle and were carrying illegal arms

                        have been granted bail by this Court, this application is allowed.

                                     6. Let the petitioners above named be released on bail,

                        on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each

                        with two sureties of the like amount each to the satisfaction of

                        learned Judicial Magistrate -1st Class, Samastipur/ concerned

                        court in connection with Kalyanpur P.S. Case No. 149/2023.

                                      7. This is also subject to the condition that the

                        petitioner is directed to mark his attendance in Kalyanpur police

                        station on every Sunday of the month. Failure to do so, will

                        result in cancellation of bail bond of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.