Patna High Court

Satyam KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner.

Summary

The petitioner, Satyam Kumar, was arrested in connection with a dacoity case (PS Case No. 258 of 2025) and charged under Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. Police recovered a mobile phone from the petitioner and arms from co‑accused, alleging the items were seized during a chase. The petitioner contended that he was falsely implicated, that the mobile belonged to him and no incriminating article was found in his conscious possession, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court found the petitioner's custody period and lack of direct evidence sufficient to grant bail, ordering a bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a dacoity and arms possession case.
Whether the recovery of a mobile phone from the petitioner constitutes sufficient incriminating evidence.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)

Subjects

bail
dacoity
arms act
procedural compliance
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90729 of 2025
                   Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Satyam Kumar Son of Late Nandu Rai @ Late Nandu Kumar Resident of
                 Village - Jhingaha, P.S.- Motipur, District - Muzaffarpur.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Rajepur

                   P.S. Case No. 258 of 2025, instituted for the offences under

                   Sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 25(1-b)a, 26 and 35 of the Arms Act.

                               3. Prosecution case, in short, is that on receiving secret

                   informant regarding gathering of miscreants to commit dacoity,

                   Police personal reached at Madhuban Tetaria Road and signaled

                   the riders to stop. On seeing the Police personnel, some persons

                   tried to flee away, but on chase five accused persons

                   apprehended on the spot. On search, one black coloured oneplus

                   mobile recovered from the possession of the petitioner.

                   Likewise arms and ammunition were recovered from the

                   possession of other co-accused.

                               4. Learned counsel for the petitioner submitted that the
           Patna High Court CR. MISC. No.90729 of 2025(2) dt.13-01-2026
                                                       2/2




                     petitioner has falsely been implicated in the present case. No

                     incriminating/looted article has been recovered from the

                     conscious possession of the petitioner. He further submitted that

                     the recovered mobile belongs to the petitioner. He further

                     submitted that the alleged recovery of arms has been made from

                     other co-accused. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 30.08.2025 and

                     has one criminal antecedent. There is no compliance of Section

                     103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Rajepur P.S. Case

                     No. 258 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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