Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Sanni Kumar, was arrested in connection with a case under Sections 25(1‑b), 26 and 35 of the Arms Act after a pistol and live cartridge were recovered from a dhaba. He contended that he was falsely implicated, that no weapon was found in his possession, and pointed out non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. The court examined the facts, the length of his custody since 5 September 2025, and his two prior criminal antecedents, and concluded that there was no sufficient ground to deny bail. Consequently, the court granted bail on a bond of Rs 15,000 with two sureties, subject to conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner under Sections 25(1‑b), 26 and 35 of the Arms Act given the circumstances of the case.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s claim of false implication and lack of possession of the recovered arms warrants denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b), 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- custody
- surety
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11054 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- MOKAMAH District- Patna
======================================================
Sanni Kumar Son of Shivaji Yadav @ shivji yadav Resident Of Mohalla
-Begusarai, Pahari Gachhi, Ward No 45, PS -Mufassil, Dist -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mokama P.S. Case No. 362 of 2025 instituted for the offences
under Sections 25(1-b)1, 26, 35 of the Arms Act.
3. As per the F.I.R., police recovered one pistol and
live cartridge from a dhaba.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
ammunitions. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.11054 of 2026(2) dt.23-02-2026
2/2
that the petitioner is in custody since 05.09.2025 and has two
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. 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 as also 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 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 Mokama P.S. Case
No. 362 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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