Patna High Court
Birat Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bail bond, sureties and conditions of cooperation and verification of antecedents.
Summary
The petitioner, Birat Kumar Singh, was arrested after a WhatsApp photograph allegedly showed him holding an illegal country‑made carbine. The police recovered illegal arms and ammunition, but the recovery was from the house of a co‑accused, not from the petitioner’s possession. Singh, who has a clean antecedent, applied for regular bail in a case registered under Sections 25(9), 25(1‑B), 26 and 35 of the Arms Act. The State opposed the bail, citing the seriousness of the alleged offence. The Court, after hearing both sides, granted regular bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation with the trial and verification of any other criminal antecedents. The bail order also directs cancellation of the bond if further involvement in other cases is discovered.
Issues considered
- Whether regular bail can be granted to an accused under the Arms Act for alleged possession of illegal firearms.
Legislation cited
- Arms Act — s. 25(1-B), 25(9), 26, 35
Subjects
- regular bail
- Arms Act
- illegal firearms
- bail bond
- criminal antecedents
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9275 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
Birat Kumar Singh Son of chandrahas singh Resident of village- Shahjadpur P
S- Udakishunganj District -Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Chand Prasad, Adv.
For the Opposite Party/s : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard the learned counsel for the petitioner as
well as the learned Additional Public Prosecutor for the
State.
2. The petitioner is seeking regular bail in
connection with Udakishunganj P.S. Case No. 403 of 2025,
registered for the offences punishable under Sections 25(9),
25(1-B), a/26/35 of the Arms Act.
3. As per prosecution, on 24.11.2025 at about
22:30 hours, during night patrolling, the police received a
WhatsApp photograph allegedly depicting the petitioner
holding an illegal country-made carbine. He was
apprehended near his house and allegedly confessed to his
involvement. Subsequently, on the basis of his alleged
Patna High Court CR. MISC. No.9275 of 2026(2) dt.26-02-2026
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disclosure, illegal arms and ammunition were recovered and
a seizure list was prepared.
4. The learned counsel for the petitioner has
submitted that the recovery of the alleged arms was made
from the house of co-accused Anjay Kumar Singh. He has
further submitted that nothing was recovered from his
possession. He has also submitted that the petitioner is a
person of clean antecedents and has been in custody since
25.11.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall
release the petitioner on bail on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of learned ACJM-Ist Udakishunganj,
Madhepura/concerned court in connection with
Udakishunganj P.S. Case No. 403 of 2025, subject to the
following conditions that the petitioner shall cooperate in
the disposal of trial and make himself available as and
Patna High Court CR. MISC. No.9275 of 2026(2) dt.26-02-2026
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when required by the court.
7. After release, the learned court below shall
verify the criminal antecedent of the petitioner and if it
is found that he is involved in any other case except the
present one, his bail bond shall be cancelled.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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