Patna High Court
Anil Sharma @ Onkar Sharma @ Fekan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to stringent conditions under Section 480(3) of the BNSS.
Summary
The petitioner was arrested after police, during a patrol, found him fleeing and recovered a loaded country-made katta from his possession, leading to charges under Sections 25(1‑b)a and 26 of the Arms Act. The petitioner claimed innocence, argued that nothing incriminating was found, and highlighted that he is already on bail in four other cases and acquitted in one. The State opposed bail, emphasizing the red‑handed nature of the seizure and the petitioner’s five prior criminal cases. The court, after considering the charge sheet, the period of custody, and the petitioner’s antecedents, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional monitoring requirements. The bail order includes strict compliance conditions such as regular appearances before the trial court and police monitoring for six months.
Issues considered
- Whether bail should be granted to a person arrested for possession of a loaded country‑made firearm under the Arms Act despite being caught red‑handed.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Applicability of Section 480(3) of the BNSS in granting bail with conditions.
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)a, 26
- Bihar Non‑Contagious Substances Act — s. 480(3)
Subjects
- bail
- Arms Act
- red‑handed possession
- criminal antecedents
- Section 480(3) BNSS
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16719 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- SIKANDRA District- Jamui
======================================================
Anil Sharma @ Onkar Sharma @ Fekan Sharma, Son of Late Musho Sharma
@ Musho Mishtri, Resident of Village - Shivdih, P.S.-Sikandra, District -
Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baxi SRP Sinha, Sr. Advocate (virtual mode)
Mr.Brajesh Prasad Gupta, Advocate
For the Opposite Party/s : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-06-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Sikandra P.S. Case No. 386 of 2025, registered
for the offences under Sections 25(1-b)a and 26 of the Arms
Act.
3. As per the prosecution case, during patrolling,
police found three persons moving in suspicious condition.
When the police party reached near them, they started fleeing
away from the spot and one of them (petitioner herein) was
apprehended and two other persons fled away. On search of the
petitioner, a loaded country made katta was recovered.
4. Learned senior counsel appearing on behalf of the
Patna High Court CR. MISC. No.16719 of 2026(3) dt.24-06-2026
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petitioner submits that petitioner is innocent and has been
falsely implicated in this case. Nothing incriminating has been
recovered from the person/possession of the petitioner. The
petitioner is in custody since 21.12.2025. The petitioner is
having antecedent of five cases and he is on bail in four such
cases and in one case, he has been acquitted. The charge sheet
has been submitted. The learned senior counsel further submits
that putting some stringent condition, the petitioner may be
enlarged on bail.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner. The learned APP
submits that petitioner was caught red-handed carrying a loaded
country made katta and he is also having criminal antecedents
of five cases.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
period of custody of the petitioner and further considering the
submission of charge-sheet against him, the petitioner is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate-1st Class, Jamui/court concerned, in connection with
Patna High Court CR. MISC. No.16719 of 2026(3) dt.24-06-2026
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Sikandra P.S. Case No. 386 of 2025, subject to the condition
laid down under Section 480(3) of the BNSS and other
following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
That apart, in view of the antecedents of the
petitioner, he would be required to appear before the concerned
police station within fifteen days of his release with a copy of
this order and every month thereafter for the next six months.
The conduct of the petitioner will be kept under watch in the
aforesaid period by the concerned police station and if it is
found wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation of
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bail for reasons of misuse of bail. After reporting to the
concerned police station, a certificate will be filed by the
petitioner before the court concerned which should be granted
by the concerned police station upon his appearance.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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