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Patna High Court

Suresh Ram @ Shubham Kumar @ Tushar @ ShubamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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