Patna High Court
Bullet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond and compliance with the stipulated conditions.
Summary
Bullet Singh was arrested in connection with a dacoity case (PS Kuchaikote Case No. 87 of 2023) and charged under IPC sections 399, 402, 412 and 34, and Arms Act sections 25(1‑B)(a), 26 and 35. The prosecution’s case relied solely on the confessional statements of co‑accused Sunit Kumar and Irshad Ali, as the petitioner’s name does not appear in the FIR and no weapon or incriminating material was found in his possession. The petitioner argued that he was falsely implicated and pointed out that the co‑accused had already been granted bail by the same court. The State opposed bail, noting a pending case against the petitioner. The court, considering the lack of direct evidence, the fact that the petitioner was not named in the FIR, and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs 10,000 and specific conditions. The bail was granted subject to compliance with those conditions.
Issues considered
- Whether bail can be granted when the only basis of accusation is the confessional statements of co‑accused and the petitioner is not named in the FIR
- Whether the petitioner’s pending criminal case affects the grant of bail in the present matter
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Indian Penal Code — s. 34, 399, 402, 412
Subjects
- bail
- dacoity
- arms act
- confessional statement
- FIR
- co‑accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28261 of 2026
Arising Out of PS. Case No.-87 Year-2023 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Bullet Singh S/o Jagdish Singh R/o Village - Basdila, P.S. - Gopalganj,
District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashwat Sahil Singh, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-04-2026 Heard Mr. Shashwat Sahil Singh, learned counsel
for the petitioner and Mr. Shyam Kumar Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
25.02.2026, in connection with Kuchaikote P.S. Case No. 87 of
2023, F.I.R. dated 20.02.2023 registered for the offences
punishable under Sections 399, 402, 412/34 of the Indian Penal
Code and Sections 25(1-B)(a), 26, 35 of the Arms Act.
3. As per the prosecution case, petitioner along with
others are accused of planning to commit dacoity and one
country made pistol and three cartridges have been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
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in the F.I.R. and the name of the petitioner has been transpired
on the basis of confessional statement of co-accused persons
namely Sunit Kumar and Irshad Ali. He further submits that
nothing has been recovered from the conscious possession of
the petitioner and except the confessional statement of co-
accused persons, nothing has come during investigation to
suggest the involvement of the petitioner in the present
occurrence. He further submits that the co-accused persons
namely, Sunit Kumar and Irshad Ali who have confessed the
name of the petitioner has been granted bail by a Coordinate
Bench of this Court vide order dated 04.08.2023 passed in Cr.
Misc. No. 48459 of 2023, another co-accused person namely
Irshad Ali has been granted bail by this Court vide order dated
12.09.2023 passed in Cr. Misc. No. 46938 of 2023. another co-
accused persons also granted regular bail by this Court or by a
different Co-ordinate Benches of this Court and the petitioner is
in custody since 25.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
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the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused persons as well as other
co-acused persons have been granted bail by this Court or by a
different Coordinate Benches of this Court, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gopalganj in connection with Kuchaikote P.S. Case
No. 87 of 2023, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
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any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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