Patna High Court
Om Prakash Sah @ O.P.versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Om Prakash Sah, applied for regular bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act concerning a looting incident where Rs 1.5 lakh was stolen from a scrap merchant. The police, acting on information, apprehended an associate, Rishi Kumar, who recovered arms, a mobile phone and a motorcycle and implicated the petitioner. The petitioner claimed innocence despite having prior criminal antecedents and argued that he had been in custody since 2 September 2021, amounting to more than four years of pre‑trial detention. The State opposed the bail application. The Court, considering the prolonged incarceration and the circumstances, ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to cooperation with the trial and availability as required.
Issues considered
- Whether regular bail should be granted to the petitioner under the Arms Act after more than four years of pre‑trial detention
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- pre‑trial detention
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27082 of 2025
Arising Out of PS. Case No.-98 Year-2021 Thana- KHAIRA District- Saran
======================================================
Om Prakash Sah @ O.P. S/O Kanhaiya Sah Resident of village- Rampur,
Police Station- Gaura, District- Saran
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari, Adv.
For the State : Mr. J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Khaira P.S. Case No. 98 of 2021, registered
for the offences punishable under Sections 25(1-b)a, 26, 35 of
the Arms Act.
3. On 27.03.2021, during evening patrolling, the
police received information about looting of ₹1.5 lakh from a
scrap merchant. One accused, Rishi Kumar, was apprehended
by locals at the spot and arms, a mobile phone, and a motorcycle
were recovered from his possession. He disclosed the
involvement of his associates, including the petitioner.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.27082 of 2025(3) dt.06-01-2026
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submitted that the petitioner is innocent and has falsely been
implicated. He has submitted further that though the petitioner
has criminal antecedents, but he is under custody since
02.09.2021, i.e. for more than four years.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, especially the period of incarceration, let the
petitioner above-named be released on bail on furnishing bail
bonds of Rs.10,000/- with two sureties of the like amount each
to the satisfaction of learned Judicial Magistrate, 1st Class,
Saran, Chapra in connection with Khaira P.S. Case No. 98 of
2021, (Tr. No. 1750 of 2025), subject to the condition that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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