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Patna High Court

Suraj Singh @ Bhan SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.

Summary

Suraj Singh was arrested in connection with a case involving alleged planning of an armed offence and was charged under Sections 310(4), 310(5), 61(2) of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution said secret information led police to apprehend Singh and four others, while two escaped. Singh contended he was innocent, that no weapon was recovered from him, and that only a confessional statement linked him to the crime; he also pointed to the bail granted to a co‑accused. He had been in judicial custody since 20 August 2025. The State opposed bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, ordering Singh to be released on a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences and the existence of a confessional statement.
  • Whether the evidence on record justifies continued judicial custody.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • narcotic offences
  • confessional statement
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88869 of 2025
                        Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Suraj Singh @ Bhan Singh, Son of Surendra Singh, R/o Village - Ghangh
                 Sirsi, Ward No.6, P.S. - Bakhtiyarpur, Dist. - Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Prasad, Advocate
                 For the Opposite Party/s :        Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Korha P.S. Case No. 196 of 2025 registered for the offence

                   punishable under Sections 310(4), 310(5) and 61(2) of the

                   B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   police had received a secret information that some miscreants

                   armed with weapon are planning to commit some offence.

                   Police reached there. It is further case of the prosecution is that

                   the petitioner and four accused persons were apprehended while

                   two persons managed to escape.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.88869 of 2025(2) dt.06-01-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. Nothing incriminating article has been recovered from his

                       possession. Save and except the confessional statement of the

                       petitioner, there is nothing against him. It has also been

                       submitted that one of the co-accused, namely, Mithilesh Kumar

                       has been granted bail by this Court vide Cr. Misc. No. 84926 of

                       2025. Petitioner is languishing in judicial custody since

                       20.08.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned C.J.M.,

                       Katihar in connection with Korha P.S. Case No. 196 of 2025.


                                                           (Ashok Kumar Pandey, J)

lata/-
U        T


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