Patna High Court
Sagar Prasad @ Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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