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Patna High Court

Jodhan BindversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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