Patna High Court
SUBHAM NAYAKversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting bail with specified conditions.
Summary
The petitioner, Subham Nayak, applied for bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, where two live cartridges were recovered from him. He had been in custody since 3 April 2025 and asserted a clean antecedent. The court noted the prolonged detention of more than one year for the recovery of merely two cartridges and considered the petitioner’s claim of no prior record. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions of regular attendance at the police station and verification of his antecedent. Any default in appearance or discovery of other cases would lead to cancellation of the bail.
Issues considered
- Whether bail should be granted to an accused detained for over a year for offences under the Arms Act involving recovery of two live cartridges.
- Whether the petitioner’s claim of a clean antecedent justifies bail.
- Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s compliance.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- surety
- antecedent verification
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31612 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- CHANDRAMANDI District- Jamui
======================================================
SUBHAM NAYAK Son of Shyam Nayak Resident of Village - Chaphde
Rahmatpur, Domasi Tola, Police Station - Asharganj, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chandramandi P.S. Case No. 55 of 2025 registered for the
offence under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, the recovery is of
two live cartridges from the petitioner and one country made
pistol from other co-accused.
4. The petitioner is in custody since 3.4.2025 and
he claims to have clean antecedent.
5. Considering the fact that for recovery of two live
cartridges the petitioner is in custody for more than one year,
this application is allowed.
6. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.31612 of 2026(3) dt.02-07-2026
2/2
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with
Chandramandi P.S. Case No. 55 of 2025.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Asharganj Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
8. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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