Patna High Court
KESHAV KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the petitioners, subject to monetary bond, sureties and conditions, pending verification of any additional criminal antecedent.
Summary
The petitioners, Keshav Kumar and Harshit Kumar, were charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act in connection with a firearm recovered during a raid on a poultry farm. The prosecution’s case relied mainly on the confession of a co‑accused who named the petitioners, with no incriminating material recovered from them. The petitioners argued that they were falsely implicated, had already been granted bail in a related case, and that the charge sheet contained no substantive evidence linking them to the offence. The State opposed the bail application. The High Court, noting the vague nature of the allegations, the lack of material evidence, and the petitioners’ pending bail in the related case, ordered their release on bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the Bihar Negotiable Instruments Act, pending verification of any further criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioners when the case against them is based solely on a co‑accused’s confession.
- Whether the absence of recovered incriminating articles from the petitioners justifies denial of bail.
- Whether the petitioners’ criminal antecedent warrants refusal of bail under the Arms Act.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26, 35
- Bihar Negotiable Instruments Act — s. 480(3)
Subjects
- bail
- Arms Act
- section 25
- section 26
- section 35
- co‑accused confession
- criminal antecedent
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78838 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
1. Keshav Kumar, S/O Late Sanjay Kumar Singh @ Late Sanjay Singh
2. Harshit Kumar, S/o Late Uday Singh @ Late Uday Kumar
Both are residents of village - Naipokhar, P.S.- Rajgir, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikas Kumar, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Rajgir P.S. Case No. 156 of 2025, registered for
the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.
3. As per prosecution case, while investigating Rajgir
P.S. Case No. 151 of 2025, a raid was conducted on the poultry
farm of co-accused Saurabh Kumar @ Mamu and recovery of
one automatic pistol with the magazine and two live cartridges
were made. The apprehended co-accused named the petitioners
and other co-accused persons, who were involved in the crime
committed in Rajgir P.S Case No. 151 of 2025 in which one
person was shot dead and the firearm used in the said case was
Patna High Court CR. MISC. No.78838 of 2025(3) dt.17-01-2026
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hidden in the poultry farm.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. In Rajgir P.S. Case No. 151 of 2025, the petitioners have
been granted bail by the learned Coordinate Bench of this Court
vide order dated 12.12.2025 passed in Cr. Misc. No. 58673 of
2025. From the FIR, it is apparent that no recovery of any
incriminating article has been made from the petitioners, who
have been made accused in this case merely on confessional
statement of co-accused. There is no substantive material to
connect the petitioners with any of the offences. The petitioners
are in custody since 03.06.2025. Similarly placed co-accused
Hariom Kumar has been granted bail by the learned Coordinate
Bench of this Court vide order dated 03.12.2025 passed in Cr.
Misc. No. 83350 of 2025. The petitioners are having criminal
antecedent of one case (Rajgir P.S. Case No. 151 of 2025) and
they are on bail in that case. The charge sheet has been
submitted.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
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completely vague nature of allegation against the petitioners and
further considering the submission of charge sheet and period of
custody of the petitioners, they are directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-IV-cum-
Special Judge (POCSO), Biharsharif/concerned court, in
connection with Rajgir P.S. Case No. 156 of 2025, subject to the
conditions mentioned in Section 480 (3) of BNSS and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
7. However, before accepting the bail bonds of the
petitioners, the learned court below is directed to verify the
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criminal antecedent of the petitioners. If it is found that the
petitioners have criminal antecedent of other than those
mentioned in their submissions, then their bail bonds would not
be accepted.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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