Patna High Court
Shibu Kumar @ Sindhu Raj RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that, in the absence of independent evidence and given the petitioners’ clean record, anticipatory bail is warranted despite the co‑accused’s confession.
Summary
The petitioners, Shibu Kumar and Vishal Kumar, applied for anticipatory bail after being implicated in a case under Sections 25(1‑b)A, 26 and 35 of the Arms Act for the alleged recovery of a country‑made pistol from a vehicle. They argued that the FIR only recorded the seizure of the weapon in the presence of a co‑accused, Umesh Kumar, and that there was no independent witness to the seizure, making the allegation against them vague. The State opposed the bail, contending that the co‑accused’s confessional statement implicated the petitioners. The Court noted the lack of independent evidence, the petitioners’ clean record, and the non‑evidentiary value of the co‑accused’s confession, and therefore granted anticipatory bail subject to a bond and sureties, and a condition of cooperation with the investigation. The order was made under Section 438 of the CrPC and Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the only incriminating material is a confessional statement of a co‑accused and no independent witness to the seizure.
- Whether the provisions of the Arms Act (Sections 25(1‑b)A, 26, 35) preclude the grant of anticipatory bail.
- Whether the petitioners’ lack of criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- seizure of weapon
- no criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88141 of 2025
Arising Out of PS. Case No.-529 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Shibu Kumar @ Sindhu Raj Ram S/o Shriniwas Ram @ Gulchand Ram
Resident of vill- Naina, P.S- Muffasil, Distt.- Saran, Bihar
2. Vishal Kumar Ram @ Vishal Kumar S/o Late Krishna Ram @ Late Kalika
Ram Resident of vill- Naina, P.S- Muffasil, Distt.- Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Bhagwan Bazar P.S. Case no.529 of 2025
registered under sections 25(1-b)A, 26 and 35 of Arms Act.
3. The prosecution case pertains to recovery of a
country-made pistol concealed in the rear body of the vehicle,
which was intercepted during regular checking on the basis of
its registration number.
4. Learned counsel for the petitioners submits that it
would be evident from the F.I.R itself that upon interception of
the vehicle by the police, one Umesh Kumar was apprehended
Patna High Court CR. MISC. No.88141 of 2025(2) dt.15-01-2026
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on the spot and the recovery of a country-made pistol was made
in his presence. So far as present petitioners are concerned, there
is only vague allegation that two persons had jumped out and
fled away and were subsequently named by co-accused Umesh
Kumar. Learned counsel for the petitioner further submits that
no independent witness is there on the seizure list further
indicating violation of mandatory provisions of the B.N.S.S.
The petitioners have no criminal antecedent and undertake to
cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that name of the
petitioners have transpired on the confessional statement of co-
accused made before police which has no evidentiary value and
there is no independent witness to the seizure list, it is directed
that the petitioners, above named, having no criminal antecedent
in the event of their arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Bhagwan Bazar P.S. Case no.529 of
2025 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.88141 of 2025(2) dt.15-01-2026
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each to the satisfaction of the learned Court concerned where
the case is pending/successor Court subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to
the further condition that he shall co-operate in the
investigation/trial.
(Soni Shrivastava, J)
Harsh/-
U T
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