Patna High Court
Raju Singh @ Rajeev Singh @ Rajiv SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Raju Singh, a 61‑year‑old man, was arrested in connection with a case under Sections 25(1‑b)a, 26, 29, 30 and 35 of the Arms Act for allegedly supplying illegal firearms and ammunition. The prosecution’s case is based on a raid at the house of co‑accused Bechan Saday, who recovered a pistol, magazines, katta and cartridges and alleged that the arms were supplied by Ajay Paswan and occasionally by the petitioner. The petitioner contended that he was falsely implicated, no weapon was seized from his possession, and he suffers from several ailments; he also pointed out that the co‑accused had already been granted bail. The State opposed the bail application. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions including personal appearance, verification of antecedents, periodic reporting to the Superintendent of Police, and possible cancellation for future offences. The order clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under the Arms Act in view of the alleged involvement and his criminal antecedents
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 29, 30, 35
Subjects
- bail
- Arms Act
- illegal arms
- criminal antecedent
- health
- police verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84610 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
Raju Singh @ Rajeev Singh @ Rajiv Singh Son of Late Yadunandan Singh
Village- Behta PS- Khajauli District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Rahika P.S. Case No. 50 of 2025 registered for
the offences punishable under Sections 25(1-b)a, 26, 29, 30 and
35 of the Arms Act.
3. As per the prosecution case, the informant received
secret information that one Bechan Saday (co-accused) was
dealing in the business of sale and purchase of illegal arms. The
police conducted a raid and the said co-accused Bechan Saday
was apprehended, who confessed that the another co-accused
Ajay Paswan, who had fled from the place of occurrence was
the supplier of arms. On search, one country-made pistol, three
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iron magazines, two iron-made katta, one country-made iron
katta, and altogether 46 pieces of live cartridges were recovered
from the house of the co-accused, namely, Bechan Saday. It is
further alleged that the co-accused Bechan Saday disclosed that
the arms and ammunition were supplied by Ajay Paswan and
occasionally by Raju Singh (the petitioner).
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case merely
because he carries antecedents of similar nature. It has further
been submitted that the person from whom the recovery has
been made (Bechan Saday) has taken the name of the co-
accused Ajay Paswan as the supplier of the arms and
ammunition. It has next been submitted that no incriminating
article has been recovered from the conscious possession of the
petitioner and that the petitioner is a 61-year-old man suffering
from various ailments. It has lastly been submitted that the co-
accused, Bechan Saday has already been granted bail by a
coordinate Bench of this Hon’ble Court vide order dated
01.09.2025 passed in Cr. Misc. No. 34757 of 2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
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parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection Rahika P.S. Case No. 50 of 2025 subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
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the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Madhubani within fifteen days of his release with a
copy of this order and every two weeks thereafter for the next
nine months. The conduct of the petitioner will be kept under
watch in this period by the Superintendent of Police concerned
and if it is found wanting in any respect, a report shall be made
to the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After reporting
to the Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned, order shall not be delayed
for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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