Patna High Court
Bhagwan DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 120, 34
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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