Patna High Court
Munna SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Munna Sahni was arrested in connection with PS Basantpur Case No.480 of 2025 for alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that a country‑made pistol and a mobile phone were recovered from his possession. The petitioner contended that he was falsely implicated, that nothing was seized from his conscious possession and that the police witnesses listed in the seizure report had no evidentiary value. He had been in judicial custody since 18‑08‑2025 and sought bail. After hearing both sides, the Court found that the circumstances did not justify continued detention and ordered his release on bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the ACJM‑I, Siwan.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged possession of an illegal firearm and narcotic substances.
- Whether the evidence presented by the prosecution, including police witnesses and the seizure of a pistol and mobile, is sufficient to deny bail.
- Whether the petitioner’s right to liberty outweighs the risk of tampering with evidence or committing further offences.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
- judicial custody
- police witnesses
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1548 of 2026
Arising Out of PS. Case No.-480 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Munna Sahni Son of Hiralal Sahani Resident of Village- Sadaua Kothi, P.S.-
Sidhwaliya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Basantpur P.S. Case No. 480 of 2025 registered for the
offence punishable under Section 317(5) of the B.N.S. and
Sections 25(1-b)a, 26, 35 of the Arms Act.
3. The case of the prosecution in short is that from the
possession of this petitioner, one country made pistol and a
mobile were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
conscious possession of this petitioner. It has also been
Patna High Court CR. MISC. No.1548 of 2026(2) dt.04-02-2026
2/2
submitted that the seizure list witnesses are police personnel
which has no evidentiary value in the eye of law. Learned
counsel for the petitioner has submitted that the petitioner is
languishing in judicial custody since 18.08.2025.
5. The application for bail is opposed by learned APP
for the State.
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
A.C.J.M.-I, Siwan in connection with Basantpur P.S. Case No.
480 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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