Patna High Court
Anwar Sah @ Anwar ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties and conditions of personal appearance and a relative bailor.
Summary
Anwar Sah was arrested in connection with the recovery of firearms from his residence and charged under Section 317(3) of the B.N.S. and Sections 25(1‑B)a and 26 of the Arms Act, with charges framed on 07‑03‑2023. He also faces a separate charge under Section 109 of the B.N.S., for which he is already on bail. The petitioner argued that the seizure list was prepared without an independent witness, violating mandatory search‑seizure provisions, and that he had been in custody for almost a year despite being eligible for bail. The State opposed bail on the ground of his criminal antecedents, though the petitioner was already on bail in all other cases. Considering the procedural irregularities, his prolonged detention, and his undertaking to cooperate, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of personal appearance and a relative as a bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Arms Act and B.N.S.
- Whether the alleged violations in the seizure process affect the entitlement to bail
- Whether the petitioner’s custody for nearly a year justifies bail on humanitarian grounds
Legislation cited
Subjects
- bail
- Arms Act
- search and seizure
- procedural violation
- custody
- firearms
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19073 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Anwar Sah @ Anwar Shah S/o Noorain Sah @ Nurain Shah R/o Village-
Ahirauli Bubauli, Tola Takiya, P.S- Gopalpur, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
: Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 01-05-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned APP for the
State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 317(3) of the B.N.S. and
Section 25(1-B)a, 26 of the Arms Act.
3. The prayer for bail has been renewed by way of
present application pursuant to the liberty granted to the
petitioner vide earlier order dated 24.02.2026 passed in Cr.
Misc. No.66003 of 2025, wherein a liberty was granted to renew
his prayer for bail after framing of charge. It has been submitted
on behalf of the petitioner that in the present case charges have
been framed on 07.03.2023 (Annexure-P/3).
Patna High Court CR. MISC. No.19073 of 2026(3) dt.01-05-2026
2/3
4. The present case relates to recovery of firearms
from the house of the petitioner and he had also been implicated
in another case under Section 109 of the B.N.S. in which he has
already been granted bail. It has further been submitted that
there are some discrepancies in seizure list as the same has not
been prepared in the presence of independent witness and the
mandatory provisions of search and seizure have been, thus,
violated. The petitioner is in custody since 24.05.2026 and he
undertakes to co-operate in the trial.
5. Learned APP for the State opposed the grant of
bail on the ground of criminal antecedents. However, in
response it has been submitted that the petitioner is on bail in
all the cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
has remained in custody for almost a year and he undertakes to
co-operate in the trial, let the above named petitioner, 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 the learned Judicial Magistrate First
Class, Gopalganj/concerned Court below in connection with
Gopalpur P.S. Case No. 141 of 2025 subject to condition that:-
(i) One of the bailors will be his own blood relative,
Patna High Court CR. MISC. No.19073 of 2026(3) dt.01-05-2026
3/3
preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present in court
on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons,
his bail bonds shall be liable to be cancelled by the learned
court concerned.
(Soni Shrivastava, J)
anand/-
U T
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