Patna High Court
Pankaj SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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