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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Sanjeev Kumar was arrested for allegedly firing shots and abusing a victim, with a country‑made pistol recovered from his possession, under Sections 25(1‑b)a and 26 of the Arms Act. He has been in custody since 28 September 2025. The petitioner pleaded innocence, asserting false implication and the absence of any independent witness, while the State opposed the grant of bail. The Patna High Court, after weighing the facts, the length of custody and the lack of compelling evidence, allowed the bail application, directing a bond of Rs 10,000 with two sureties and attendance at the police station on the first and third Sundays of each month. The Court clarified that its order is confined to bail and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Sections 25(1‑b)a and 26 of the Arms Act
  • Whether the conditions imposed are sufficient to ensure the accused's attendance

Legislation cited

Subjects

  • bail
  • Arms Act
  • Section 25
  • Section 26
  • false implication
  • surety
  • police attendance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26048 of 2026
                        Arising Out of PS. Case No.-253 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Sanjeev Kumar S/O Sikendar Yadav R/o Vill.- Ward No.01, Pitaunjhia, P.S -
                 Gogri, District - Khagaria
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anil Kumar Choudhary, Advocate
                 For the State            :        Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Gogri

                   P.S. Case No. 253 of 2025 registered for the offence punishable

                   under Sections 25(1-b)a and 26 of the Arms Act.

                                 3. The case of the prosecution is that the petitioner

                   fired shots and abused the victim.

                                 4. There is recovery of one country made pistol from

                   the possession of the petitioner. The petitioner is in custody

                   since 28.09.2025.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. There is no independent witness to support the case of the

                   prosecution.

                                 6. Learned APP appearing for the State opposes the
           Patna High Court CR. MISC. No.26048 of 2026(2) dt.20-04-2026
                                                       2/2




                     prayer for regular bail of the petitioner.

                                  7. Considering the aforesaid facts and circumstances

                     of the case and the period of custody, this application is allowed.

                                  8. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Chief      Judicial     Magistrate,        Khagaria,     District-Khagaria/

                     concerned Court below in connection with Gogri P.S. Case No.

                     253 of 2025.

                                  9. The petitioner will also mark attendance in Gogri

                     Police Station, District- Khagaria on the first and third Sunday

                     of each month. Any default in appearance at the Police Station

                     would result in cancellation of bail bonds of the petitioner.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P .Kumar

U     T


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