Patna High Court

Nain Prakash SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is granted to the petitioner subject to cooperation with the investigation and a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Nain Prakash Singh, applied for anticipatory bail in a case alleging offences under Sections 318(4), 338, 336(3) and 340(2) of the BNS, 2023 relating to forged arms licences. The prosecution’s case was based on the self‑statement of the S.H.O. who, after a verification exercise, suspected the petitioner of possessing forged licences, although no arms or licence were recovered. The petitioner contended that he never possessed any licence, had never worked as a security guard and was employed as a school peon. The Court, after considering the lack of material seized and the petitioner’s employment evidence, granted anticipatory bail subject to his cooperation with the investigation and a bail bond of Rs.10,000 with two sureties. The order also provided that the bail could be cancelled if the petitioner fails to cooperate.

Issues considered

Whether anticipatory bail should be granted in a case involving alleged forged arms‑licence offences under the BNS, 2023.
Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNS, 2023 are appropriate.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
forged arms licence
Section 438 CrPC
Section 482 BNS
bail conditions
arms licensing offence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90759 of 2025
                    Arising Out of PS. Case No.-206 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Nain Prakash Singh Son of Ramanand Singh @ late Ramanash Singh
                 Resident of Village - Ganauli, P.S- Ara Muffasil, District- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Ara Mufassil Police Station Case No. 206 of 2025,

                   disclosing offences under Sections 318(4), 338, 336(3), 340(2)

                   of the BNS, 2023.

                                   3. The prosecution case arises from the self-

                   statement of the S.H.O., who, acting on official directions,

                   conducted verification of suspected forged arms licenses of two

                   security guards. During inquiry, the individuals were found

                   absent, and their family members denied possession of any

                   licensed weapons. Their non-appearance and evasive conduct

                   led to suspicion that they had obtained forged arms licenses for

                   personal benefit.
Patna High Court CR. MISC. No.90759 of 2025(4) dt.01-04-2026
                                            2/3




                          4. Learned counsel for the petitioner submits that

          no such incident occurred and that he neither possesses any

          arms license nor worked as a security guard. No arms or license

          was recovered from his possession, and the alleged forged

          license was never verified by the informant. He further submits

          that petitioner has been continuously employed as a peon in

          schools, supported by employment certificates.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          nothing has been recovered from the house of the petitioner, I

          am inclined to grant the petitioner privilege of anticipatory bail

          subject to the condition that the petitioner shall co-operate with

          the investigation of the case and if in case there is non-

          cooperation on part of the petitioner, the police shall be at

          liberty to seek cancellation of anticipatory bail granted to the

          petitioner.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial
           Patna High Court CR. MISC. No.90759 of 2025(4) dt.01-04-2026
                                                       3/3




                     Magistrate, 6th Bhojpur at Ara, in connection with Ara Mufassil

                     Police Station Case No. 206 of 2025, subject to the condition

                     laid down under Section 438 (2) of the Code of Criminal

                     Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

Continue reading with your account

Checking your session…