Patna High Court
Sanju Kumar @ Sanju Baba @ Sanju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sanju Kumar, was arrested on 28 August 2025 in connection with a case involving the recovery of a loaded country‑made pistol, cartridge, mobile phone and motorcycle, and was charged under Section 61(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. He applied for bail, arguing that the seizure list was prepared by police personnel, thereby violating Sections 103 and 105 of the Bihar Narcotic Substances Act, and that the chargesheet was improperly filed. The State opposed bail, noting that the petitioner has eleven other criminal cases, ten of which are already on bail and one pending before another court. The Court considered the nature of the offence, the petitioner’s criminal antecedent, and the statutory provisions governing bail. It granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation with the trial, appearance in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act affects the bail application.
- Whether the petitioner’s other pending criminal cases justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 61(2)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- seizure of weapon
- criminal antecedent
- section 103
- section 105
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30570 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Sanju Kumar @ Sanju Baba @ Sanju Yadav S/O Dhananjay Kumar @ Kallu
Yadav Resident of Mohalla- Kumhrar in front of Shivam Petrol Pump, P.S.-
Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Prasad, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr.Ranjit Prasad, learned counsel for the
petitioner and Ms.Sharda Kumari, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
28.08.2025 in connection with Agamkuan P.S. Case No. 635 of
2025, F.I.R. dated 27.08.2025 registered for the offence
punishable under Section 61(2) of B.N.S. 2023 and under
section 25(1-b)a/26/35 of Arms Act.
3. The case relates to recovery of one loaded country
made pistol, one mobile and one motorcycle from possession of
the petitioner.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that one loaded country made Katta and one KF8mm live
Patna High Court CR. MISC. No.30570 of 2026(2) dt.07-05-2026
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cartridge, one Realme Mobile and one motorcycle were
recovered from possession of the petitioner. Learned counsel for
the petitioner submits that the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105
on B.N.S.S. 2023 and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 28.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
eleven more cases other than the present one but he fairly
submits that out of eleven cases, the petitioner is on bail in ten
cases, and rest one case is pending for consideration before the
competent Court of law, as mentioned in para-3 of the
Supplementary Affidavit.
6. Considering the aforesaid fact, 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 learned A.C.J.M IV, Patna City in
connection with Agamkuan P.S. Case No. 635 of 2025,with 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.30570 of 2026(2) dt.07-05-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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