Patna High Court
Surendra ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail should be granted in view of the prolonged custody and trial delay.
Summary
Surendra Thakur was arrested in connection with the recovery of four country‑made pistols and charged under Sections 25(1‑b)(a) and 26 of the Arms Act. He had been in custody since 5 December 2024 and had three prior criminal antecedents. The petitioner claimed false implication and argued that only one witness had been examined since the charge was framed on 26 September 2025. The State opposed bail. The court, noting the length of his pre‑trial detention and the delay in the trial, allowed the regular bail application, directing a bail bond of Rs 10,000 with two sureties and a condition to appear at the police station every Wednesday, with cancellation on default.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the Arms Act offences and his criminal antecedents
- Whether the delay in trial and period of custody justify granting bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26
Subjects
- regular bail
- Arms Act
- pre‑trial detention
- delay in trial
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86394 of 2025
Arising Out of PS. Case No.-410 Year-2024 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Surendra Thakur S/o Kolai Thakur R/o Village - Akauna, P.S - Chiraiya,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Muffasil P.S. Case No. 410 of 2024
registered for the offence under Sections 25(1-b)a and 26 of
Arms Act. Earlier the bail application of the petitioner was
rejected vide order dated 16.04.2025 passed in Cr. Misc. No.
17037 of 2025.
3. As per the prosecution case, there were recovery of
three country made pistols from the petitioner for which another
case was recovered and on the statement of the petitioner in that
case, one more country made pistol was recovered for which the
present case has been registered and on the whole the recovery
is of 4 country made pistols from the petitioner. Petitioner is in
custody since 05.12.2024 and has three criminal antecedents.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86394 of 2025(3) dt.05-05-2026
2/2
petitioner has falsely been implicated in the present case.
Learned counsel further submits that though the charge has been
framed on 26.09.2025, only one witness has been examined till
date. The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the period of custody of the petitioner
and the delay in the trial, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Motihari /concerned Court
below in connection with Muffasil Motihari P.S. Case No.
410/2024 subject to the following condition:-
(i) The petitioner after being released on bail, is
directed to mark his attendance at Chiraiya Police Station,
District- East Champaran on every Wednesday of the
month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.