Patna High Court
Sandeep Kumar @ Sandeep Giri @ Sandeep Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted as the seriousness of the offence and the petitioner’s antecedents outweighed the reasons for release.
Summary
The petitioner, Sandeep Kumar, was charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act for allegedly supplying an illegal weapon from jail. He applied for regular bail for the first time, which was rejected on 2 September 2025, and made a second bail application before this Court on 1 May 2026. The prosecution contended that the offence is grave, while the petitioner’s counsel argued that the trial had not progressed and no witness had been examined, and highlighted the petitioner’s eleven prior criminal cases and his custody since 18 December 2024. The Court examined the seriousness of the alleged offence, the lack of trial progress, and the petitioner’s criminal antecedents. Concluding that the gravity of the offence outweighed the reasons for bail, the Court found no ground to revisit its earlier order and dismissed the bail application, directing the lower court to expedite the trial.
Issues considered
- What is the appropriate consideration for granting regular bail in a case involving alleged supply of illegal weapons under the Arms Act?
- Does the gravity of the offence and the petitioner’s criminal antecedents preclude the grant of bail despite the trial’s delay?
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
Subjects
- regular bail
- Arms Act
- criminal antecedents
- trial delay
- gravity of offence
- bail denial
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23685 of 2026
Arising Out of PS. Case No.-634 Year-2015 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sandeep Kumar @ Sandeep Giri @ Sandeep Kumar Giri S/o Jatashankar Giri
R/o Village- Paharpur, Giri Tola, P.S- Paharpur, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Bettiah Town P.S. Case No.
634 of 2015 registered for the offence under Sections 25(1-b)a/
26/ 35 of the Arms Act. Earlier the bail application of the
petitioner was rejected vide order dated 02.09.2025 passed in
Cr. Misc. No. 27573 of 2025.
3. As per the prosecution case, petitioner is alleged of
supplying illegal weapon from the jail.
4 It has been submitted by the learned counsel for the
petitioner that the trial has not progressed and not even a single
witness has been examined. Petitioner has eleven criminal
antecedents and he is in custody since 18.12.2024.
Patna High Court CR. MISC. No.23685 of 2026(2) dt.01-05-2026
2/2
5. Considering the gravity of offence, this Court finds
no ground to review its earlier order.
6. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial.
(Sandeep Kumar, J)
tusharika/-
U T
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