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Patna High Court

Anwar Sah @ Anwar ShahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                       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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