Patna High Court
Jodhan BindversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court denied anticipatory bail, directing the petitioner to surrender within four weeks and then file a bail application for consideration.
Summary
The petitioner, Jodhan Bind, was implicated in a case (PS‑Chiksaura Case No.190 of 2025) for alleged operation of a mini gun factory at his residence, leading to the recovery of pistols, barrels, cartridges and related items. The prosecution, based on an informant’s tip, charged him under Sections 25(1‑AA), 25(1‑b) and 26(i)(ii) of the Arms Act. The petitioner contended that none of the seized items were in his conscious possession, seeking anticipatory bail. The State argued that the recovery from his house sufficed to hold him liable. The Court, after hearing both sides, rejected the anticipatory bail application but directed that if the petitioner surrenders within four weeks and files a regular bail petition, the matter should be decided promptly, preferably on the same day.
Issues considered
- Whether anticipatory bail should be granted to a person accused under Sections 25(1‑AA), 25(1‑b) and 26(i)(ii) of the Arms Act where the alleged contraband was recovered from his premises.
- Whether the recovery of arms from the petitioner’s house, absent proof of conscious possession, suffices to deny anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-b), 26(i)(ii)
Subjects
- anticipatory bail
- Arms Act
- illegal arms possession
- mini gun factory
- bail application
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15362 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- CHIKSAUR District- Nalanda
======================================================
Jodhan Bind S/o- Suryadeo Bind Village- Sadarpur PS-Chiksaura District-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the State : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr. Anil Kumar Singh, learned counsel for the
petitioner and Mr. Yogendra Kumar, learned APP representing
the State.
2. The petitioner is apprehending his arrest in
connection with Chiksaura P.S. Case No. 190 of 2025 registered
for the offence punishable under Sections 25(1-AA), 25(1-b),a,
26(i)(ii) of the Arms Act, lodged on 16.10.2025 by the
informant Gaurav Sindhu.
3. As per the prosecution story, the informant alleged
that during the Assembly Election as they were on duty, got an
information about running of the mini gun factory in the house
of the petitioner, the same was raided and recovery pistols,
semi-finished barrels, empty cartridges, springs as also iron
cooler. This led to the F.I.R..
Patna High Court CR. MISC. No.15362 of 2026(2) dt.12-03-2026
2/2
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession. The
learned APP on the other hand submits that the recovery is from
his house and he cannot exonerate himself from the
responsibility.
5. Considering the submissions of the parties, it
would be appropriate that the petitioner seek bail. The
anticipatory bail application stands rejected.
6. However, if the petitioner surrenders within a
period of four weeks, files bail application, the court concerned
shall consider the matter and dispose it of preferably on the
same day.
(Rajiv Roy, J)
vinayak/-
U T
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