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Patna High Court

Jitendra Kumar @ Puttan Singh @ Jitendra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions, finding that the confessional statement is not admissible evidence and that the antecedents do not, on the facts, warrant denial of bail.

Summary

The petitioner, Jitendra Kumar, sought bail in a case registered under Sections 25(1‑a), 25(1‑B)a, 26 and 35 of the Arms Act, alleging that a co‑accused, Ravish Singh, had recovered 4,000 cartridges and, in a confessional statement to police, claimed he would supply them to the petitioner and another person. The petitioner argued that the confessional statement is inadmissible and that there is no other admissible evidence linking him to the offence, while also acknowledging four prior criminal antecedents. The State opposed bail, contending the seriousness of the offence and the petitioner’s criminal record. The High Court examined the evidentiary value of the co‑accused’s statement and the impact of the petitioner’s antecedents, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, and imposed conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if undisclosed antecedents are discovered.

Issues considered

  • Whether a confessional statement of a co‑accused made to police is admissible for the purpose of granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail in an Arms Act case.
  • Whether bail can be granted despite the petitioner not having filed an anticipatory bail application earlier.

Legislation cited

Subjects

  • bail
  • Arms Act
  • confessional statement
  • criminal antecedents
  • Section 482
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76668 of 2025
                  Arising Out of PS. Case No.-95 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
                 ======================================================
                 Jitendra Kumar @ Puttan Singh @ Jitendra Kumar Singh S/O Late
                 Madhusudan Prasad Singh @ Madhusudan Singh R/O Village - 83 -
                 Hanuman Tola, Sonbarsa Raj, Ward No. - 5, P.S. Sonbarsa Raj, District -
                 Saharsa. .

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Rajnish Kumar Singh, Advocate
                 For the State          :        Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

5   24-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Lohiyanagar P.S. Case No. 95 of 2025, dated

                   17.08.2025, registered for the offences punishable under

                   Sections 25(1-a)/ 25(1-B)a/ 26 and 35 of the Arms Act.

                                 3. As per allegation, total 4000 cartridges have been

                   recovered from illegal possession of co-accused-Ravish Singh

                   and as per confessional statement of co-accused- Ravish Singh,

                   he was going to supply the same to the petitioner and Manoj

                   Yadav.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.76668 of 2025(5) dt.24-02-2026
                                            2/3




          case. He further submits that confessional statement of co-

          accused before the police against the petitioner has no

          evidentiary value, because confessional statement of co-accused

          before the police is not admissible and hence, it cannot be

          proved in the trial. Hence, the material upon which the

          petitioner has been implicated is not legal and besides this

          illegal material, there is no any admissible evidence against this

          petitioner.

                        5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                        6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has four criminal antecedents.

                        7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                        8. Considering the aforesaid facts and circumstances,

          this petition is allowed, directing the petitioner, above-named,

          to be enlarged on bail, in the event of his arrest or surrender

          before the court below within a period of eight weeks from the

          date of receipt / production of a copy of this order, on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.76668 of 2025(5) dt.24-02-2026
                                                       3/3




                     learned concerned Court Below, in connection with Lohiyanagar

                     P.S. Case No. 95 of 2025, subject to the conditions as laid down

                     under Section 482 (2) of the B.N.S.S., 2023 and on the

                     following conditions:

                                  (i) In case, it is brought to the notice of the court

                     below that the petitioner has any criminal antecedents other than

                     the disclosed one, learned court below shall cancel the bail

                     bonds of the petitioner after hearing him and getting satisfied

                     that the petitioner has concealed his criminal antecedents despite

                     his knowledge of the same.

                                  (ii) In case, it is brought to the notice of the court

                     below that statement regarding previous bail petition is wrong,

                     learned court below shall cancel the bail bonds of the petitioner.


                                                                    (Jitendra Kumar, J.)
ravishankar/-

U      T


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