Patna High Court
Rupesh Singh @ Rupesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted as the petitioner’s clean antecedent and lack of direct evidence outweighed the prosecution’s case.
Summary
The petitioner, Rupesh Singh, sought bail after being made an accused in a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, based solely on a confessional statement of co‑accused Subhash Kumar who was apprehended with arms. No weapons or ammunition were recovered from the petitioner and he asserted a clean antecedent. The State opposed the bail application. The Court, after considering the lack of direct evidence against the petitioner, his clean record and the circumstances, ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order also stipulated that the petitioner must surrender within eight weeks if arrested.
Issues considered
- Whether bail should be granted to an accused under the Arms Act when the only evidence is a co‑accused's confessional statement.
- Whether the petitioner’s clean antecedent and absence of seized arms justify bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Subjects
- bail
- Arms Act
- clean antecedent
- co‑accused testimony
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2778 of 2026
Arising Out of PS. Case No.-215 Year-2024 Thana- LADANIA District- Madhubani
======================================================
Rupesh Singh @ Rupesh Kumar Singh Son of Bilttu Singh @ Ramprakash
Singh Resident of village - Kuadha, Kuar, P.S.- Jaynagar, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Ms. Archana Anand , Advocate
Mr. Sumit Kumar singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 25(1-b) (a), 26 and 35
of the Arms Act.
3 . Petitioner was made accused in this case on the
basis of disclosure made by co-accused Subhash Kumar who
was apprehended on the spot along with arms and ammunition .
4. Learned counsel for the petitioner submits that
petitioner is quite innocent. No arms and ammunition was
recovered from the possession of the petitioner. Petitioner has
been made accused in this case only on the basis of confessional
Patna High Court CR. MISC. No.2778 of 2026(2) dt.11-02-2026
2/2
statement of the co-accused who was apprehended on the spot .
Petitioner claims clean antecedent.
5 . Learned A.P.P. for the State has opposed the bail
petition .
6. Considering the aforesaid facts, clean antecedent
of this petitioner and circumstances, let the above named
petitioner, in the event of arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Sub divisional
Judicial Magistrate , Madhubani, in connection with Ladania
P.S. Case No. 215 of 2024 , subject to condition as laid down
under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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