Patna High Court
AMIT KUMAR @ AMIT KUMAR SINGH @ FANO SINGH @ FANNO SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Amit Kumar was arrested in connection with a raid that uncovered illegal firearms and related materials, and was charged under several provisions of the Arms Act and the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the only link to him was a co‑accused’s confessional statement, which he argued lacked evidentiary value. He had been in custody since 26 September 2025 and had one prior criminal antecedent for which he was out on bail. The State opposed bail, citing the seriousness of the offences. The Court, after considering the custody period, the lack of direct evidence against the petitioner, and the fact that another co‑accused had been granted bail, decided to grant bail on the condition of a cash bond and two sureties.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the Arms Act and Bharatiya Nyaya Sanhita charges given the nature of the alleged offences?
- Does the confessional statement of a co‑accused provide sufficient basis to deny bail to the petitioner?
- How does the petitioner’s prior criminal antecedent and period of custody affect the bail decision?
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5), 61(2)
Subjects
- bail
- Arms Act
- Bharatiya Nyaya Sanhita
- illegal firearms
- confessional statement
- co‑accused
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90757 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui
======================================================
AMIT KUMAR @ AMIT KUMAR SINGH @ FANO SINGH @ FANNO
SINGH S/O LATE RANJEET SINGH R/o vill - Malaypur, P.S.- Malaypur,
Distt.- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Garhi
P.S. Case No. 121 of 2025, instituted for the offences punishable
under Sections 25(1-A), 25(1-AA), 25(1-B)(a), 26, 35 of the
Arms Act, read with Sections 317(2), 317(5), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
06.08.2025, on receipt of secret information, a raiding team
conducted a raid at the house of co-accused, namely, Munna
Saw and allegedly apprehended five persons manufacturing
illegal firearms, from whose possession illegal arms, tools and
materials used for manufacturing firearms were recovered and
seized.
Patna High Court CR. MISC. No.90757 of 2025(3) dt.13-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner has got no concern with the
alleged recovery. It is next submitted that name of the petitioner
has transpired in this case on the basis of confessional statement
of co-accused person and the same has got no evidentiary value.
The petitioner is in custody since 26.09.2025 and has got one
criminal antecedent in which he is on bail. Learned counsel for
the petitioner further submits that other co-accused has been
granted regular bail by this Court vide order dated 03.02.2026
passed in Cr. Misc. No. 5550 of 2026.
5. Learned APP 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 and taking into account 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
Patna High Court CR. MISC. No.90757 of 2025(3) dt.13-02-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Garhi P.S. Case No.
121 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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