Patna High Court
Chandan Kumar Sah @ Chandan Soni @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as there is no material evidence linking him to the seized arms and the court has previously granted bail to similarly situated co‑accused.
Summary
The petitioner, Chandan Kumar Sah, was arrested on 18‑02‑2025 in connection with a 2020 case under Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case is based on a raid at co‑accused Dharmendra Sahani’s house where two pistols and cartridges were seized, but no weapon was found in the petitioner’s possession and his name does not appear in the FIR. The petitioner argued that he was falsely implicated and pointed out that several similarly situated co‑accused had already been granted bail by the same court. The State opposed bail, noting the petitioner’s other pending cases. The court, considering the lack of direct evidence against the petitioner and the precedent of bail to co‑accused, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences alleged.
- Whether the absence of the petitioner’s name in the FIR and lack of seized weapon from his possession justify bail.
- Whether the bail granted to other co‑accused in the same case influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- false implication
- co‑accused
- seizure of weapons
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18370 of 2026
Arising Out of PS. Case No.-177 Year-2020 Thana- BEERPUR District- Begusarai
======================================================
Chandan Kumar Sah @ Chandan Soni @ Chandan Kumar S/O Naresh Sah
R/O Village- Ghatho, Ward No. 12, P.S- Ghatho, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 06-04-2026 Heard Mr. Abhay Kumar, learned counsel for the
petitioner and Mr. Humayou Ahmad Khan, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
18.02.2025, in connection with Birpur P.S. Case No. 177 of 2020,
F.I.R. dated 25.12.2020 registered for the offences punishable
under Sections 25(1-b)a/26/35 of the Arms Act.
3. The prosecution case, in brief, is that ten accused
persons were arrested in a case. On the disclosure by four accused
persons including the petitioner, a raid was conducted in the house
of one Dharmendra Sahani and two country made pistol, one live
cartridge and two empty cartridges were recovered from his house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
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present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
basis of disclosure made by the apprehended co-accused person,
namely, Dharmendra Sahani. It appears from the F.I.R. as well as
seizure list that two country made pistol, one live cartridge and
two empty cartridges were recovered from the house of co-accused
Dharmendra Sahani and except the disclosure made by the co-
accused person, nothing has been recovered from the conscious
possession of the petitioner. He further submits that similarly
situated co-accused person, namely, Rajesh Sahni has been granted
bail by a Coordinate Bench of this Court vide order dated
05.12.2022 passed in Cr. Misc. No. 43039 of 2022, another co-
accused person, namely, Vivek Kumar has been granted bail by a
Coordinate Bench of this Court vide order dated 05.12.2022
passed in Cr. Misc. No. 41524 of 2022, another co-accused person,
namely, Pankaj Kumar has been granted bail by a Coordinate
Bench of this Court vide order dated 09.03.2022 passed in Cr.
Misc. No. 39652 of 2021, another co-accused person, namely,
Ram Kumar & Ram Kumar Das has been granted bail by a
Coordinate Bench of this Court vide order dated 09.02.2022
passed in Cr. Misc. No. 47881 of 2021, another co-accused person,
namely, Michael Soni has been granted bail by a Coordinate
Bench of this Court vide order dated 24.01.2022 passed in Cr.
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Misc. No. 43694 of 2021, respectively. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 18.02.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries eight more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
6. Considering the facts and circumstances of the case
and the fact that similarly situated co-accused persons have been
granted bail by a Coordinate Bench of this Court, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. VI, Begusarai
in connection with Birpur P.S. Case No. 177 of 2020, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
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witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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