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Patna High Court

Bhagwan DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Bhagwan Das was charged under IPC sections 120 and 34 and Arms Act sections 25(1‑b)a, 26 and 35 for alleged involvement in a murder plot. The prosecution’s case relied on the confessional statement of a co‑accused, Kundan Kumar, who claimed Bhagwan Das supplied cartridges and a pistol, with five bullets later recovered from a relative’s house. The petitioner contended he was innocent, that no incriminating material was found in his possession, and that he had been in judicial custody since October 2023. The State opposed bail, highlighting six prior criminal cases against the petitioner. After hearing both sides, the court found the circumstances sufficient to grant regular bail, ordering the petitioner to furnish a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite serious charges under the IPC and Arms Act
  • Whether the confessional statement of a co‑accused and recovery of ammunition from a relative’s house constitute sufficient grounds to deny bail
  • Whether the petitioner’s prior criminal antecedents justify refusal of bail

Legislation cited

Subjects

  • bail
  • criminal conspiracy
  • arms act
  • confessional statement
  • prior criminal antecedents
  • regular bail
  • IPC
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28318 of 2026
                       Arising Out of PS. Case No.-345 Year-2023 Thana- ALOULI District- Khagaria
                 ======================================================
                 Bhagwan Das S/O Upendra Tanti @ Upendra Das Resident of Village-
                 Dharharwa, P.S-Bithan, District- Samastipur.
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sagar Suman, Advocate
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 120 and 34 of

                   Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms

                   Act.

                                3. The case of the prosecution is that one Kundan was

                   arrested who on interrogation stated that miscreant this petitioner

                   and one one Ajay Mukhiya who are lodged in murder case in

                   Khagaria Jail, called him on phone to kill one Surendra Prasad. He

                   has further stated that some persons of Ajay Mukhiya and

                   Bhagwan Das gave him five cartridges and a pistol and when he

                   was making a plan for murder, he was arrested by police. He has

                   concealed the bullets in the house of relative Upendra Chaudhary

                   and on raid, from his house, five bullets were recovered.
            Patna High Court CR. MISC. No.28318 of 2026(2) dt.05-05-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that the

                      petitioner is innocent and has committed no offence. Learned

                      counsel for the petitioner has submitted that nothing has been

                      recovered from the possession of the petitioner. His name has

                      surfaced on the basis of confessional statement of Kundan Kumar

                      and recovery, if any, was made from the house of Upendra

                      Chaudhary. Moreover, the petitioner is languishing in judicial

                      custody since 20.10.2023.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of regular bail and has submitted that petitioner

                      is having criminal antecedent of six cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Alauli P.S. Case No. 345 of 2023 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Khagaria/concerned court.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T


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