Patna High Court
Suresh Ram @ Shubham Kumar @ Tushar @ ShubamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Suresh Ram, was arrested in connection with a case under Sections 399 and 402 of the IPC and Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol and live cartridges were recovered from co‑accused Jawahar Prasad. The petitioner claimed he was falsely implicated, that no weapon was found in his possession, and pointed to the earlier bail granted to the co‑accused. He had been in custody since 5 June 2025, had six prior criminal records, and the State opposed bail. The court noted the lack of incriminating material against the petitioner, the non‑compliance with Section 100 of the CrPC, and the period of custody, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the IPC and Arms Act
- Whether the non‑compliance with Section 100 of the CrPC precludes bail
- Whether the prior bail granted to a co‑accused influences the petitioner's bail application
- Whether the absence of incriminating articles in the petitioner's possession warrants bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 100
- Indian Penal Code — s. 399, 402
Subjects
- bail
- IPC
- Arms Act
- false implication
- Section 100 CrPC
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86885 of 2025
Arising Out of PS. Case No.-23 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Suresh Ram @ Shubham Kumar @ Tushar @ Shubam S/O Jagdeo Ram R/O
Village- Fatehpur, P.S.- Tariyani, Dist.- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rajepur P.S. case No. 23 of 2024 instituted for the offences
under Sections 399/402 of the IPC & 25(1-b)a, 26,35 of the
Arms Act.
3. As per the F.I.R., one country-made pistol and three
live cartridges have been recovered from the possession of co-
accused Jawahar Prasad.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
Patna High Court CR. MISC. No.86885 of 2025(2) dt.13-01-2026
2/2
ammunitions. Charge-sheet has been submitted in this case. He
further submitted that other co-accused Jawahar Prasad has been
granted bail on 20.04.2024 passed in Criminal Miscellaneous
No. 29495 of 2024. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 05.06.2025 and
has six criminal antecedents. There is no compliance of Section
100 of the Cr.P.C.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court
below/concerned Court in connection with Rajepur P.S. case
No. 23 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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