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Patna High Court

Sagar Prasad @ Sagar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on the condition of furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sagar Prasad, sought bail for an offence under Sections 25(1‑b)a, 26 and 35 of the Arms Act arising from a seizure of two country‑made pistols near Dharhara Petrol Pump. The prosecution’s case relied on a confessional statement by the petitioner and another accused, which led to the seizure. The petitioner contended that he owned no weapon, the seizure was made in an open place and the police failed to follow Section 105 of the B.N.S.S. during the seizure, and he had been in judicial custody since 18‑11‑2025. The State opposed bail, highlighting two prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Chief Judicial Magistrate.

Issues considered

  • Whether bail should be granted to the petitioner in an offence under the Arms Act considering the circumstances of the seizure and the petitioner’s alleged criminal antecedents.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • confessional statement
  • prior criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13693 of 2026
                     Arising Out of PS. Case No.-570 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Sagar Prasad @ Sagar Kumar, S/O Kanhaiya Prasad @ Krishna Prasad, R/O
                 Village- Rassi Began, Karman Tola, P.S.- Ara Nawada, Dist- Bhojpur at Ara.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ara Town P.S. Case No. 570 of 2025 registered for the

                   offence punishable under Sections 25(1-b)a, 26 and 35 of Arms

                   Act.

                                3. The case of the prosecution, in short, is that during

                   investigation of Ara Town P.S. Case No. 553 of 2025, the

                   petitioner and one other accused Deepak Kumar disclosed the

                   involvement and also made confessional statement. On the basis

                   of confessional statement, seizure was made near Dharhara

                   Petrol Pump behind the bushes from where altogether two

                   country made pistol with live cartridges were recovered.

                                4. Learned counsel appearing on behalf of the
             Patna High Court CR. MISC. No.13693 of 2026(2) dt.12-03-2026
                                                         2/2




                       petitioner has submitted that petitioner is innocent and has

                       committed no offence. Nothing has been recovered from his

                       possession rather the recovery has been made from an open

                       place. The witnesses of the seizure list are police personnel.

                       Police has not followed Section 105 of the B.N.S.S. while

                       making the seizure. Petitioner is languishing in judicial custody

                       since 18.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of two cases.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned Chief

                       Judicial Magistrate, Bhojpur at Ara in connection with Ara

                       Town P.S. Case No. 570 of 2025.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T


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