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Patna High Court

Pankaj SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Pankaj Sahani, applied for bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, where a pistol, a foreign‑made pistol and 20 live cartridges were seized from a room allegedly not belonging to him. He claimed innocence, alleged that the seizure violated Section 105 of the BNSS, and highlighted that he had been in judicial custody since 29‑09‑2025. The State opposed bail, citing eight prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on the condition that the petitioner cooperate with the trial, appear in court on all dates, and provide a near‑relative as a bailor, with a bail bond of Rs.10,000 and two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences.
  • Whether the seizure of the weapons complied with Section 105 of the BNSS.
  • Whether the petitioner’s criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29857 of 2026
                 Arising Out of PS. Case No.-825 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Pankaj Sahani Son of Upendra Sahni Resident of Village- Balgudar, ps-
                 Lakhisarai, Dist- Lakhisarai presently Residing at Shri krishna Colony,
                 pashchimiyachak, Ps- Ramkrishna nagar, Dist- patna
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rakesh Kumar Sharma, Advocate.
                                                Mr. Alok Anand, Advocate
                                                Mr. S.M. Sudhanshu, Advocate.
                 For the Opposite Party/s :     Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Ramkrishna Nagar P.S. Case No. 825 of 2025 registered for the

                   offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms

                   Act.

                                 3. The case of the prosecution, in short, is that from a

                   room, one country-made pistol, one foreign made pistol and 20

                   live cartridges were recovered.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that the room from where recovery has been made does

                   not belong to the petitioner. Nothing has been recovered from the
           Patna High Court CR. MISC. No.29857 of 2026(2) dt.07-05-2026
                                                       2/2




                     possession of this petitioner. The witnesses of the seizure list are

                     police personnel, and the police has not complied with Section 105

                     of the BNSS while making the seizure. Moreover, the petitioner is

                     languishing in judicial custody since 29.09.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of eight cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition that

                     the petitioner shall cooperate in trial, shall remain physically

                     present on each and every date fixed by the learned court

                     below and one of the bailors shall be his near relative. The

                     above named petitioner is directed to be enlarged on bail on

                     furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with

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

                     learned Judicial Magistrate, 1 st Class, Patna in connection with

                     Ramkrishna Nagar P.S. Case No. 825 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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