Patna High Court
Suraj Kumar @ Suraj Sahu @ Suraj Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The bail application is dismissed as withdrawn.
Summary
Suraj Kumar applied for regular bail in a case under Sections 25(1‑B)a, 26 and 35 of the Arms Act and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, has been in custody since 16‑03‑2026, and was not arrested at the scene; the seized weapons and vehicles were linked to him only because he owned one of the motorcycles. The State opposed bail, relying on a confessional statement of another accused, Govind Sonker, that implicated the petitioner. The petitioner then sought permission to withdraw the bail application, requesting liberty to re‑file after charge‑framing. The Court granted permission to withdraw and dismissed the application as withdrawn.
Issues considered
- Whether the petitioner is entitled to regular bail in the offences under the Arms Act and the Bihar Prohibition and Excise (Amendment) Act
- Whether the petitioner may withdraw his bail application and re‑file later
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 37
Subjects
- bail
- Arms Act
- criminal procedure
- withdrawal of application
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32310 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Suraj Kumar @ Suraj Sahu @ Suraj Kumar Gupta S/O Late Premchand
Kumar Gupta @ Premchand Prasad Resident of Village- Takiya, Ward No. -
11, P.S.- Sasaram (Town), District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 25(1-B)a, 26 and 35 of the
Arms Act as well as Section 37 of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 16.03.2026 and allegation is of recovery of two country
made pistol along with a loaded live magazine and two
motorcycles and a mobile phone was seized from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.32310 of 2026(3) dt.03-07-2026
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recovered from his conscious possession and came to be
implicated based on the fact that he is owner of one of the
seized vehicles.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner and submits that though petitioner
was not arrested from the place of occurrence but then his name
transpired based on the confessional statement of Govind
Sonker.
6. At this stage, learned counsel for the petitioner
seeks permission to withdraw this application with liberty to the
petitioner to renew his prayer for bail after framing of charge.
7. Permission is accorded.
8. Accordingly, this application is dismissed as
withdrawn.
(Satyavrat Verma, J)
Kundan/-
U T
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