Patna High Court
Shekhar Kumar @ Shekhar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail may be granted conditionally only after the district court verifies that the motorcycle is neither stolen nor registered in the petitioner’s name and that the petitioner has no adverse criminal antecedent.
Summary
The petitioner, Shekhar Kumar, applied for pre‑arrest bail in a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, where a co‑accused was found with an un‑loaded pistol, a motorcycle (Regn. No. BR‑22‑AK‑2890) and a mobile phone, and the petitioner’s name was mentioned by the co‑accused. The petitioner claimed false implication, clean antecedent and no possession of any incriminating article. The State opposed bail. The High Court held that the district court must first verify with the District Transport Officer whether the motorcycle is stolen and whether it is registered in the petitioner’s name; if it is not, the petitioner may be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of his criminal antecedent. The transport officer was directed to submit the report within two weeks, and the district court was instructed to check any other criminal cases against the petitioner. The bail application was consequently disposed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in an Arms Act case where his name is mentioned by a co‑accused but no material is recovered from him.
- Whether the ownership and theft status of the motorcycle implicated in the case must be verified before granting bail.
- Whether the petitioner’s criminal antecedent must be examined before bail can be granted.
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26, 35
Subjects
- pre‑arrest bail
- Arms Act
- motorcycle theft
- ownership verification
- criminal antecedent
- conditional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89521 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Shekhar Kumar @ Shekhar Gupta S/o Rajesh Kumar @ Rajesh Gupta
Resident of Village - Ramgarhwa Mauje, P.S.- Ramgarhwa, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhurendra Kumar, Advocate.
For the Opposite Party/s : Mr.Harendra Prasad, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ramgarhwa P.S. Case No. 320 of 2025 registered for the
offence punishable under Section 25(1-b)a, 26 and 35 of the
Arms Act.
3. As per the allegation made in the F.I.R., co-accused
Raushan Kumar was apprehended and on search, from his left
waist, a country made pistol without cartridge and a motorcycle
bearing Registration No. BR-22AK-2890 and an Android
mobile was recovered. The name of the petitioner surfaced in
the case on the disclosure made by the co-accused Raushan
Kumar.
Patna High Court CR. MISC. No.89521 of 2025(2) dt.15-01-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has falsely been implicated
in the present case due to enmity. The name of the petitioner has
surfaced in the case on the disclosure made by the apprehended
co-accused Raushan Kumar. Nothing has been recovered from
the conscious physical possession of the petitioner. Petitioner
has clean antecedent. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, I find that the learned District Court under
such circumstances is required to verify from the concerned
District Transport Officer, whether the motorcycle in question
bearing Registration No. BR 22 AK 2890 is stolen one and not
registered in the name of the petitioner on the basis of the
Registration Number, Chassis Number and Engine Number.
7. If it is found that the motorcycle is not registered in
the name of the petitioner and is not a stolen one on the basis of
report of the concerned District Transport Officer, then in that
case, the petitioner, above named, be released on pre-arrest bail,
in the event of his/her arrest or surrender before the learned
Patna High Court CR. MISC. No.89521 of 2025(2) dt.15-01-2026
3/3
District Court within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending, in
connection with Ramgarhwa P.S. Case No. 320 of 2025, subject
to the condition as laid down under Section 482(2) of the BNSS.
8. The District Transport Officer concerned is directed
to furnish the report before the learned District Court well
within a period of two weeks. In case of failure, the learned
District Court can proceed against the District Transport Officer
in accordance with law.
9. Communicate a copy of this order to the concerned
District Transport Officer and the District Collector.
10. The District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in Para-3 of the bail petition, this order will automatically
lose its force.
11. The present bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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