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Patna High Court

Chandan Kumar Sah @ Chandan Soni @ Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.18370 of 2026(3) dt.06-04-2026
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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.
Patna High Court CR. MISC. No.18370 of 2026(3) dt.06-04-2026
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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
               Patna High Court CR. MISC. No.18370 of 2026(3) dt.06-04-2026
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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//-

U          T


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