Patna High Court
Saurav Kumar @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail despite the co‑accused’s confession, subject to prescribed conditions.
Summary
The petitioner, Saurav Kumar, sought regular bail in a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that the only link to the offence was a co‑accused’s confessional statement and that no arms were recovered from his possession. The State opposed the bail, contending the seriousness of the offence and the petitioner’s alleged involvement. The petitioner argued innocence, claimed he was framed due to his prior criminal cases, and highlighted that he had been in judicial custody since 21‑08‑2025. After hearing both sides, the court found that the confessional statement alone did not justify denial of bail and that the petitioner was entitled to regular bail subject to conditions. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties and imposed conditions of trial cooperation and weekly police attendance.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 25(1‑b)a, 26 and 35 of the Arms Act.
- Whether a co‑accused’s confessional statement alone is sufficient ground to deny bail.
- Whether the petitioner’s prior criminal antecedent warrants refusal of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
Subjects
- regular bail
- Arms Act
- confessional statement
- co‑accused
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91834 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- Lakho District- Begusarai
======================================================
Saurav Kumar @ Saurav Kumar S/o Late Umesh Singh @ Umesh Prasad
Singh R/O Village- Ramdiri, P.S- Matihani, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-b)a, 26
and 35 of the Arms Act.
3. The case of the prosecution is that one Suraj Kumar
is the main accused in a case of murder. Regarding which, a
sanha was registered as Sanha No. 424 of 2025 and on his
disclosure, the clothes were to be seized. It is further alleged
that Suraj Kumar disclosed the name of his associates and
petitioner is one amongst them. On the disclosure of Suraj
Kumar, one country made pistol, two live cartridges, one black
colour full shirt, one tower and one polythene containing Rs.
71800/- were recovered.
Patna High Court CR. MISC. No.91834 of 2025(2) dt.29-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the name of this
petitioner has surfaced in the confessional statement of co-
accused Suraj Kumar and the recovery, if any, has been made on
the disclosure of Suraj. Nothing has been recovered from the
possession of this petitioner. Save and except, confessional
statement of Suraj, there is nothing against this petitioner. It has
further been submitted that the petitioner is having criminal
antecedent of twelve cases that is why he has been framed in
this case. Moreover, he is languishing in judicial custody since
21.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Lakho P.S. Case No. 156 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Begusarai with the following conditions:-
Patna High Court CR. MISC. No.91834 of 2025(2) dt.29-01-2026
3/3
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) Petitioner is also directed to mark weekly
attendance at Muffasil Police Station, Begusarai.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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