Patna High Court
Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 34, 414, 420, 467, 468, 471
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
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