Patna High Court
Pawan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Pawan Sharma was arrested on 22 October 2024 in connection with a case involving the alleged recovery of two country‑made pistols and a live cartridge, alleged offences under Sections 25(1‑B)(a) and 26 of the Arms Act. The petitioner contended that he was falsely implicated, that the weapons were recovered in a different case (Case No. 97 of 2024), and that the seizure was not conducted in compliance with Sections 103/105 of the Bihar National Security (BNSS) Act, 2023. The prosecution opposed bail, citing a prior criminal antecedent under Section 103(i), 3/5 of the BNSS Act and Section 27 of the Arms Act. The Court, after considering the length of custody and the alleged procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of the petitioner’s criminal antecedent. The bail order was issued without delay for verification of the antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the Arms Act.
- Whether non‑compliance with Sections 103/105 of the BNSS Act, 2023, regarding seizure procedures, affects bail eligibility.
- Whether the petitioner’s prior criminal antecedent under Section 103(i), 3/5 of the BNSS Act and Section 27 of the Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
Subjects
- bail
- Arms Act
- illegal possession of firearms
- criminal antecedent
- seizure procedure
- BNSS Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27262 of 2026
Arising Out of PS. Case No.-98 Year-2024 Thana- SHRI NAGAR District- Madhepura
======================================================
Pawan Sharma Son of Lalan Sharma Resident of village - Lakshmipur
Bhagwati, P.S.- Sri Nagar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 28-04-2026 Heard Mr. Jitendra Kumar Pandey, learned counsel
for the petitioner and Mr. Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.10.2024 in connection with Sri Nagar P.S. Case No. 98 of
2024, F.I.R. dated 30.07.2024 for the offences punishable under
Sections 25(1-B) (a) and 26 of the Arms Act.
3. Recovery is of two country made pistols and one
live cartridge.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR as well as seizure list that
nothing has been recovered from the conscious possession of
the petitioner and in fact, the petitioner has confessed his guilt in
Patna High Court CR. MISC. No.27262 of 2026(3) dt.28-04-2026
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another case bearing Sri Nagar P.S. Case No. 97 of 2024 and on
the basis of that, two country made pistols and one live cartridge
has been recovered. It appears from the seizure list that the
seizure list witnesses are the police personnel, so there is non-
compliance of Section 103/105 of the BNSS, 2023. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
22.10.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one which relates to 103(i), 3/5 of the BNS, 2023
and 27 of the Arms Act.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Madhepura in connection with
Sri Nagar P.S. Case No. 98 of 2024, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.27262 of 2026(3) dt.28-04-2026
3/3
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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