Patna High Court

Bablu KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Bail was granted to the petitioner on condition of a Rs.10,000 bond and two sureties.

Summary

The petitioner, Bablu Kumar, was arrested in connection with a case registered under multiple provisions of the Unlawful Activities (Prevention) Act, the Arms Act and the Indian Explosive Act. The prosecution alleged that a mobile phone was recovered from his possession, while the defence contended that the only incriminating material was the confessional statement of co‑accused Rupesh Paswan, who identified the petitioner as an associate. The petitioner asserted his innocence, highlighted the absence of any seized article from his person, and pointed out that Rupesh Paswan had already been granted bail. The State opposed the bail application, invoking the seriousness of the offences. After hearing both sides, the Court found the bail application credible and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order thus enlarges the petitioner on bail pending trial.

Issues considered

Whether bail should be granted to the petitioner under the UAPA, Arms Act and Indian Explosive Act given the circumstances of the case.

Legislation cited

Arms Act — s. 25(1-AA), 26, 35
Explosive Act — s. ¾
Unlawful Activities (Prevention) Act — s. 13, 16(1)b, 17, 18, 19, 20, 29, 38

Subjects

bail
UAPA
Arms Act
Explosive Act
confessional statement
co‑accused
judicial custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73901 of 2025
                       Arising Out of PS. Case No.-104 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Bablu Kumar Son of Arjun Prasad Resident of Village - Jagatpur Lakrahi,
                 P.S.- Bhadwar, Dist.- Gaya.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prithivi Raj Singh, Adv.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
4   05-02-2026                    Heard Mr. Prithivi Raj Singh, learned counsel for the

                   petitioner and Mr. Nagendra Prasad, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Imamganj P.S. Case No. 104 of 2025 registered for the offence

                   punishable under Sections 13, 16(1)b, 17, 18, 19, 20, 38, 29 of

                   Unlawful Activities (Prevention) Act and Sections 25(1-AA), 26, 35

                   of Arms Act and Section ¾ of Indian Explosive Act.

                                3. The case of the prosecution in short is that from the

                   possession of this petitioner, a mobile phone was recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner submits that the co-accused, namely,

                   Rupesh Paswan, has given his confessional statement, and on his

                   statement, the petitioner and one Uday Kumar were apprehended

                   and from their pockets, mobile phone was recovered. He further
          Patna High Court CR. MISC. No.73901 of 2025(4) dt.05-02-2026
                                                      2/2




                    submits that Rupesh Paswan has identified and has stated that they

                    are his associates. He also submits that the entire case is based on

                    the statement of Rupesh Paswan and nothing has been recovered

                    from the possession of this petitioner. He also submits that even

                    Rupesh Paswan has been granted bail by this court vide order

                    dated 09.10.2025 passed in Cr. Misc. No. 70807 of 2025. The case

                    of this petitioner stands on better footing. He further submits that

                    a statement has been made in para 3 of the petition that petitioner

                    has no criminal antecedent and he is languishing in judicial

                    custody since 04.04.2025.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 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 enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                    the like amount each to the satisfaction of the learned Judicial

                    Magistrate, 1st Class, Sherghati at Gaya in connection with

                    Imamganj P.S. Case No. 104 of 2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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