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Patna High Court

Bhim Singh @ NeerajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions.

Summary

The petitioner, Bhim Singh, sought anticipatory bail after learning that a case had been registered against him under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 25(9) of the Arms Act for allegedly supplying a pistol to co‑accused Amarjeet Chaudhary. The prosecution’s case relied on the statement of Amarjete Chaudhary, who claimed the firearms were received from the petitioner and Golu Singh, although no video showed the petitioner and no weapon was recovered from his possession. The petitioner contended that he was falsely implicated, citing his lack of presence in the video and his prior excise‑related convictions as the only basis for the accusation. The State opposed the bail application, arguing the seriousness of the offences. The Court, considering the circumstances and the need to prevent undue harassment, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed that the bail be enlarged if the petitioner is arrested within eight weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the confession of a co‑accused is sufficient ground to deny anticipatory bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • firearms offence
  • confession
  • false implication
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83919 of 2025
                       Arising Out of PS. Case No.-209 Year-2025 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Bhim Singh @ Neeraj Son of Late Ashok Singh Resident of Village - Horil
                 Chhapra, P.S. - Shapur, Dist. - Bhojpur.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raju Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   17-03-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 109(1), 3(5) of the

                   Bharatiya Nyaya Sanhita and Section 25(9) of the Arms Act.

                                3. Prosecution case, in brief, is that during verification

                   of a viral video, one Amarjeet Chaudhary, who was seen firing

                   in the air with pistol and was apprehended, disclosed that he

                   received the firearms from this petitioner and co-accused Golu

                   Singh.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Specific

                   accusation of exhibiting firearms in against co-accused

                   Amarjeet Chaudhary and petitioner has been made accused only

                   on the basis of his confessional statement. Petitioner is neither

                   present in the video in question nor any firearms were recovered
              Patna High Court CR. MISC. No.83919 of 2025(5) dt.17-03-2026
                                                          2/2




                        from his possession. Petitioner has falsely been implicated in

                        this case due to three criminal antecedents of Excise Act.

                        Similarly situated co-accused, namely, Golu Singh has already

                        been granted anticipatory bail by co-ordinate Bench of this

                        Court vide order dated 23.12.2025 passed in Cr. Misc. No.

                        83456 of 2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Additional Chief Judicial

                        Magistrate 1st, Bhojpur at Ara in connection with Shahpur P. S.

                        Case No. 209 of 2025, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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