Patna High Court
Satendra Adiwasi @ Chhotu AdiwasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Satendra Adiwasi was named in a case (Jagdispur PS Case No. 276 of 2025) for alleged offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act after co‑accused were arrested with a pistol and a mobile phone. The petitioner claimed he was falsely implicated, asserting that no incriminating article was recovered from his possession or residence and that he has a clean antecedent. The State opposed his anticipatory bail application. The High Court, after considering the submissions and the lack of material evidence against the petitioner, granted anticipatory bail under Section 438 CrPC, subject to conditions including a bail bond, sureties, personal presence at trial, and verification of antecedents. The order emphasized that its observations would not affect the trial and that the bail could be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the allegations under the Arms Act.
- Whether the absence of any incriminating article recovered from the petitioner or his premises justifies the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- false implication
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90743 of 2025
Arising Out of PS. Case No.-276 Year-2025 Thana- JAGDISHPUR District- Bhojpur
======================================================
Satendra Adiwasi @ Chhotu Adiwasi S/o Sadhu Adiwasi @ Kishun Adiwashi
R/o Charwani, P.S.- Jagdishpur, Distt- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivek Kunwar, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Jagdispur P.S. Case No. 276 of 2025 dated 03.08.2025
registered for the offences punishable under Sections 25(1-b)a,
26 and 35 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that he saw three persons with a motorcycle, who were
planning to commit some crime. It is further alleged that on
seeing police, three persons tried to flee but two co-accused
persons namely, Vikash Yadav and Mukesh Kumar were
Patna High Court CR. MISC. No.90743 of 2025(3) dt.20-02-2026
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apprehended while one of the accused persons namely Satendra
Adiwasi (petitioner) managed to flee away. It has further been
alleged that on search, a pistol and motorcycle were recovered
from the co-accused, Vikash Yadav while one mobile phone was
recovered from the co-accused, Mukesh Kumar.
4. The learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case at the behest
of the two apprehended co-accused persons. It has further been
submitted that no incriminating article has been recovered from
the conscious possession of the petitioner. It has further been
submitted that the police has not found any incriminating article
even from the house of the petitioner. It has lastly been
submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below 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
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the learned Court below where the case is pending/successor
court in connection with Jagdispur P.S. Case No. 276 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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