Patna High Court
Suraj Kumar @ SethwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Suraj Kumar, accused under Sections 25(1‑b/a), 26 and 35 of the Arms Act, sought regular bail. He has six prior criminal cases but the prosecution’s case rests solely on a confessional statement of co‑accused Manish Kumar, which the State admits lacks evidentiary value. The learned APP acknowledged the absence of any other material against the petitioner. Considering the lack of substantive evidence and the petitioner’s prolonged custody, the Court inclined to release him on bail. The Court ordered his release on a bail bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted when the only evidence is a co‑accused’s confessional statement.
- Whether the provisions of Sections 25(1‑b/a), 26 and 35 of the Arms Act justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-a), 25(1-b), 26, 35
Subjects
- bail
- Arms Act
- confessional statement
- criminal antecedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87063 of 2025
Arising Out of PS. Case No.-388 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Suraj Kumar @ Sethwa, S/o Kailash Thakur, R/o Village - Chaklokman
Gudari Road, P.S - Dalsingsarai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 1. Heard Mr. Manoj Kumar Singh, learned counsel
for the petitioner and Mr. Surendra Kumar, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Dalsingsarai P. S. Case No. 388 of 2024, dated 13.12.2024
registered for the offences punishable under Sections 25(1-
b/a/26 and 35 of the Arms Act
3. The main submissions advanced by the petitioner's
counsel are that though this petitioner has criminal antecedent of
six cases but in the present matter he has been made accused
without any material, he has been dragged mainly on the
basis of confessional statement of co-accused Manish Kumar
recorded by him before the police which has no evidentiary
value, the petitioner has been languishing in jail since
Patna High Court CR. MISC. No.87063 of 2025(2) dt.12-01-2026
2/2
03.01.2025.
4. Though, the learned APP appearing for the State
has opposed the bail prayer of the petitioner but fairly accepts
that except the confessional statement of the co-accused Manish
Kumar, there is nothing against this petitioner.
5. Considering the aforesaid submissions, averments
made in this application mainly petitioner's aforesaid ground
which has not been refuted by the learned APP coupled with
the petitioner's custody period, this court is inclined to release
him on bail. Accordingly, let the petitioner named-above be
enlarged on bail in connection with Dalsingsarai P. S. Case No.
388 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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