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Patna High Court

Om Prakash Sah @ O.P.versusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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