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Patna High Court

Amitabh Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the recovery of arms at the petitioner’s instance and the confessional statement against him warranted dismissal of the bail application.

Summary

The petitioner, Amitabh Kumar Sharma, applied for regular bail in a case involving alleged possession of arms and several offences under the Bihar Narcotic Substances Act and the Arms Act. The prosecution alleged that a police raid at the residence of co‑accused Pankaj Kumar recovered a carbine, a country‑made pistol and 35 cartridges, and that the petitioner’s name appeared in a confessional statement of the co‑accused. The petitioner contended that he was falsely implicated, that the main accused had already been granted bail and that no incriminating articles were found in his possession. The State opposed bail on the basis of the confessional statement and the recovery made at the petitioner’s instance. The Court, noting the recovery linked to the petitioner and the confessional statement, declined to grant bail and dismissed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the recovery of arms from a co‑accused’s residence.
  • Whether the inclusion of the petitioner’s name in a co‑accused’s confessional statement justifies denial of bail.

Legislation cited

Subjects

  • bail
  • arms possession
  • confessional statement
  • police raid
  • criminal antecedents
  • Bihar Narcotic Substances Act
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88139 of 2025
                   Arising Out of PS. Case No.-63 Year-2025 Thana- PALANWA District- East Champaran
                 ======================================================
                 Amitabh Kumar Sharma S/O Late Baidyanath Sharma R/O Village-
                 Vishunpura, Ward No.12, P.S.- Parsa, Dist.- Saran
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vinay Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhayaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Palanwa P.S. Case No. 63/2025 registered for the offences

                   punishable under Sections 111(2), 318(4), 338, 336(3), 340(2)

                   and 61(2) of B.N.S. and Sections 25(1-B)a, 25(1)(1-AA), 25(1)

                   (1-B)(c), 26, 28 and 35 of Arms Act.

                                3. As per the prosecution case, police raided the house

                   of one Pankaj Kumar and recovered a large cache of arms along

                   with other incriminating articles.

                                4. The petitioner was arrested from Sasaram and

                   brought to the house of Pankaj Kumar on the statement of the

                   petitioner one carbine, one country-made pistol, 35 cartridges

                   were recovered.

                                5. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.88139 of 2025(4) dt.06-04-2026
                                                          2/2




                        petitioner has falsely been implicated in the case by police and

                        the main accused Pankaj Kumar from whom house the recovery

                        has been made at the instance of the petitioner has been granted

                        bail by a Co-ordinate Bench of this Court vide order dated

                        18.02.2026 passed in Cr. Misc. No. 77561/2025. No

                        incriminating articles has been recovered from his possession.

                        Learned counsel further submits that he has one criminal

                        antecedents in which he is on bail and he is in custody since

                        19.04.2025. The petitioner undertakes to co-operate in the case/

                        trial.

                                     6. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner on the ground that the name of

                        the petitioner has come in the confessional statement of the co-

                        accused.

                                     7. Considering the recovery made from the house of

                        one Pankaj Kumar at the instance of the petitioner, this Court is

                        not inclined to grant bail to the petitioner.

                                     8. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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