Suraj Kumar Gupta @ Suraj Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12423 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- SASARAM NAGAR District- Rohtas ====================================================== Suraj Kumar Gupta @ Suraj Sahu S/O Prem Chand Kumar Gupta @ Prem Chand Prasad R/O Mohalla- Takia Bazar, P.S- Sasaram (T), District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State Mr. Rabindra Kumar.

2. The petitioner apprehends his arrest in connection with Sasaram (Town) P.S. Case No.23/2026, registered for the offences punishable under Section 25 (1-B)a, 26, 35 of the Arms Act and Section 37 of Bihar Prohibition and Excise (Amendment) Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of two country made pistols along with a loaded live magzine cartridge along with two motorcycles and a mobile phone from a place near Shankar College, in front of Mahavidyalaya Bhawan.

4. Learned counsel submits that petitioner was not

Patna High Court CR. MISC. No.12423 of 2026(2) dt.10-03-2026 2/3 arrested from the spot as such nothing was recovered from his possession and he came to be implicated based on the fact that he is owner of one of the seized motorcycles. It is also submitted that the name of the petitioner is not mentioned in the accused column but in the body of the FIR, it is alleged that based on the confessional statement of apprehended accused, the name of the petitioner transpired, who disclosed that the recovered articles belongs to the petitioner. It is next submitted that confessional statement of an accused in police custody does not have any evidentiary value. It is also submitted that petitioner is a student of BBA.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the case has been registered under the Excise Act and the Arms Act and it is not in dispute that articles as disclosed in the FIR have been recovered from the place of occurrence. It is also submitted that no doubt the confessional statement before the police does not have any evidentiary value but then investigation of the case is in its nascent stages and allegations are serious. It is also submitted that though a plea has been taken that petitioner is a student but then no documentary evidence has been brought on record to substantiate the same.

Patna High Court CR. MISC. No.12423 of 2026(2) dt.10-03-2026 3/3

6. After hearing the learned counsel for the parties, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The anticipatory bail application of the petitioner is rejected.

(Satyavrat Verma, J) amit/- U T