Patna High Court
Saroj Kumar @ Saroj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the prosecution has not made out a prima facie case.
Summary
The petitioner, Saroj Kumar, applied for pre‑arrest bail in a case registered under Sections 318(4), 338, 336(3) and 340(2) of the Bihar Penal Code, alleging that he possessed a forged arms licence for personal gain. The petitioner argued that no fake licence was recovered and that the allegation violated Section 13 of the Arms Act, contending that the case did not merit arrest. The State opposed the bail, insisting that the charges were valid. The Court observed that the police had acted without proper authority, no forged licence was produced, and the petitioner had a clean antecedent, thereby finding a prima facie case for bail. Consequently, the Court ordered the petitioner’s release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bihar Criminal Procedure Code, and directed the District Court to verify any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail when no forged arms licence has been recovered.
- Whether the allegation under Section 13 of the Arms Act sustains a charge of possessing a fake licence.
- Whether the police acted within their authority in registering the FIR.
Legislation cited
- Arms Act — s. 13
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 318(4), 336(3), 338, 340(2)
Subjects
- pre‑arrest bail
- fake arms licence
- Arms Act
- police procedure
- Section 13
- Section 482(2)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37341 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Saroj Kumar @ Saroj Kumar Singh son of Dharichan Singh Resident Of
Village -Chaurasani Ps- Udwantnagar Dist - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Udwant Nagar P.S. Case No. 381 of 2025 registered for the
offence(s) punishable under Sections 318(4),338,336(3) and
340(2) of the BNS.
3. As per the allegation made in the FIR, the petitioner
has held a fake arms licence for personal gain.
4. Learned counsel appearing on behalf of the
petitioner submitted that in absence of any recovery of alleged
fake arms licence, which the petitioner has used, no case is
made out. Learned counsel further submitted that there is
violation of Section 13 of the Arms Act and as such, the
allegation does not sustain. Petitioner has clean antecedent. On
Patna High Court CR. MISC. No.37341 of 2026(2) dt.01-07-2026
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these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, I find that this is the one case in which the police has
unauthorisidely taken up the law. No fake arms licence was
recovered, nor any complaint was lodged by any agency, which
has been alleged in the FIR that the petitioner was found using a
forged licence, I am of the opinion that petitioner, who has
clean antecedent, has, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, 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, Bhojpur /
Concerned Court in connection with /Udwant Nagar P.S. Case
No. 381 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.37341 of 2026(2) dt.01-07-2026
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8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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