Balmiki Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16868 of 2026 Arising Out of PS. Case No.-777 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Balmiki Kumar Singh Son of Sri Rajendra Singh Resident of VillageJamalpur, P.S.- Marhoura, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Marhoura P.S. Case No. 777 of 2025, registered under Sections 310(4), 310(5) of the B.N.S., 2023 and Sections 25(1-b)(a), 25, 35 of the Arms Act.

3. As per the prosecution case, the petitioner was arrested with one country-made pistol and two cartridges.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner has two other cases, one of which is under the Excise Act. The petitioner has been in judicial custody since 26.11.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail, placing reliance on the nature of the recovery

Patna High Court CR. MISC. No.16868 of 2026(3) dt.27-05-2026 2/3 alleged against the petitioner.

6. Having considered the submissions advanced on behalf of the respective parties, this Court is of the view that the petitioner is entitled to bail. The petitioner has been in judicial custody for approximately six months since 26.11.2025. The recovery of a country-made pistol and two cartridges is a matter that will fall to be determined at trial on the basis of the evidence adduced; at the stage of bail, this Court is not required to adjudicate upon the veracity of the recovery. The prior cases referred to by the learned APP do not, in the facts of the present matter, constitute a bar to the grant of bail. Accordingly, this bail application is allowed.

7. Let the petitioner above-named, Balmiki Kumar Singh, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra/concerned court below in connection with Marhoura P.S. Case No. 777 of 2025.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case

Patna High Court CR. MISC. No.16868 of 2026(3) dt.27-05-2026 3/3 and shall not influence the trial or any other proceedings in any manner.

(Ansul, J) Ranjeet/- U T