Patna High Court
Bhim Singh @ NeerajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 25(9)
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 3(5)
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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