Patna High Court
Sanjay Singh @ Sanjay BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Sanjay Singh, was arrested in connection with a case alleging possession of a pistol, magazine and live cartridges, invoking Sections 25(1‑B)(a) and 26 of the Arms Act. The prosecution claimed the weapons were recovered from his possession, while the petitioner contended he was falsely implicated, no incriminating material was found on him, and his arrest was based merely on suspicion despite having eleven prior criminal antecedents. The petitioner also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The court examined the length of custody, the lack of concrete evidence, and the statutory provisions, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety, appearance, non‑tampering with evidence, non‑commission of similar offences, and restriction on leaving the jurisdiction.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)(a) and 26 of the Arms Act when the alleged weapons have not been recovered from his conscious possession.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- possession of firearms
- criminal procedure
- suspicion
- prior antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10992 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- MUNGER MUFFASIL District- Munger
======================================================
Sanjay Singh @ Sanjay Bind S/o Kuso Singh R/o Vill- Sita Kud Dih, P.S.-
Muffasil, Distt- Muger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 303 of 2025, instituted for the offences
punishable under Sections 25(1-B)(a) and 26 of the Arms Act.
3. The prosecution case, in short, is that one country
made pistol with magazine and two live cartridges have been
recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has got no
Patna High Court CR. MISC. No.10992 of 2026(2) dt.10-03-2026
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concern with the alleged recovery of arms. It is further
submitted that the petitioner has been arrested only on the basis
of suspicion. The petitioner is in custody since 08.09.2025 and
has got eleven criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Muffasil P.S. Case No. 303 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
Patna High Court CR. MISC. No.10992 of 2026(2) dt.10-03-2026
3/3
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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