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Patna High Court

Dipak Kumar @ Dipak Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the present circumstances, subject to a bond and verification of criminal antecedents, despite the pending Arms Act charges and prior case of one petitioner.

Summary

The petitioners, three residents of Saran district, applied for bail in connection with PS‑Jalalpur Case No. 110 of 2025, wherein they were alleged to have assaulted an informant’s son and discharged firearms, offences alleged under Sections 25(1‑ba), 26, 27, 30 and 35 of the Arms Act. The prosecution’s case is based solely on the informant’s written report, with the police recovering only two empty cartridges and one live cartridge from the scene and none from the petitioners’ possession. The petitioners contended that they are innocent, that the allegations are politically motivated, and that no arms were seized from them; they also highlighted that two of them have clean antecedents while one is an accused in a separate case. The State opposed bail, arguing that the petitioner with a prior case should not be granted anticipatory bail. After evaluating the evidence and the lack of material seizure, the court ordered that the petitioners be released on bail, subject to a bond of Rs 10,000 with two sureties and verification of their criminal antecedents under Section 482(2) of the CrPC. The order also stipulated that bail could be cancelled if any concealment of antecedents is discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the allegations under the Arms Act.
  • Whether the prior criminal antecedent of one petitioner disqualifies him from obtaining bail.
  • Whether the absence of seized arms from the petitioners’ possession warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • criminal antecedent
  • bail conditions
  • political motivation
  • police report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39445 of 2026
                       Arising Out of PS. Case No.-110 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
           1.     Dipak Kumar @ Dipak Kumar Singh son of Prabhudayal Singh Resident of
                  village - Gamharia Kala, Ps- Jalalpur, Dist- Saran at Chapra
           2.    Aman Singh Son of Prabhudayal singh Resident of village - Gamharia Kala,
                 Ps- Jalalpur, Dist- Saran at Chapra
           3.    Vishal Singh son of Arvind Singh Resident of village -Gohghiya, Ps-
                 Mashrakh, Dist- Saran at chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nawal Kishore Singh, APP
                 For the Opposite Party/s :       Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   17-06-2026                         Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Jalalpur P.S Case No. 110 of 2025, for allegedly having

                   committed offences under Sections 25(1-b)a, 26, 27, 30 and 35

                   Arms Act.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that on the date of occurrence, the petitioners herein,

                   along with some other unknown persons assaulted the son of the

                   informant and also caused firing.
Patna High Court CR. MISC. No. 39445 of 2026(2) dt.17-06-2026
                                            2/3




                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have not committed any

          offence. The petitioners have been implicated in the present case

          due to village politics. He further submits that no arms have

          been recovered by the police and only two empty cartridges and

          one live cartridges have been recovered. The learned counsel for

          the petitioners further submits that no such occurrence has taken

          place and the petitioners have been implicated by the informant

          only with a view to harass them. He further submits that the

          petitioner no. 1 is an accused in one another case bearing

          Jalalpur P.S. Case No. 246 of 2022, however the petitioner nos.

          2 and 3 have got a clean antecedent.

                       5.     Per contra, the learned APP for the State

          vehemently opposes the prayer for bail of the petitioners and

          submits that the petitioner no. 1 is an accused in one another

          case, and therefore, he does not deserve the privilege of

          anticipatory bail.

                       6. Having heard the rival submissions and after going

          through the records, it appears that the only allegation, which

          has been leveled against the petitioners that they along with

          some other co-accused came and assaulted the son of the

          informant and also caused firing. The police recovered two
           Patna High Court CR. MISC. No. 39445 of 2026(2) dt.17-06-2026
                                                       3/3




                     empty cartridges and one live cartridge from the place of

                     occurrence,       however nothing has been recovered from the

                     possession of the petitioners or their home. The petitioner nos. 2

                     and 3 have got clean antecedent, however petitioner no. 1 is an

                     accused in one another case. Considering the facts and

                     circumstances of the case, let the petitioners, above named, in

                     the event of arrest or surrender within a period of six weeks, be

                     released on bail furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of the learned J.M. 1st Class, Saran at Chapra in

                     connection with Jalalpur P.S. Case No. 110 of 2025, subject to

                     the conditions as laid down under Section 482(2) of the

                     B.N.S.S, with further condition:

                                  (1) The learned Court concerned shall verify the

                     criminal antecedent of the petitioners and in case at any stage, it

                     is found that the petitioners have concealed their criminal

                     antecedents, the court concerned shall take steps for cancellation

                     of bail bond of the petitioners. However, the acceptance of bail

                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.


                                                 (Ritesh Kumar, J)
Mridula/Pallavi
U      T


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