Patna High Court
Sugandh Sharma @ Sugan SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to bail as the FIR does not contain specific allegations of possession against him.
Summary
The petitioner, Sugandh Sharma, was named in an FIR (PS Case No. 39 of 2025) for alleged offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act. The FIR records the recovery of a country‑made pistol and four live cartridges from a co‑accused, Navin Kumar Yadav, but no weapon was seized from the petitioner. The petitioner’s counsel argued that the FIR was filed solely for the recovery of arms and contains no specific allegation of possession against him, emphasizing his clean antecedents. The State opposed the bail application. The Court, noting the absence of any weapon in the petitioner’s possession and the lack of specific penal allegations in the FIR, granted bail on a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) Cr.P.C. when the FIR does not specifically allege possession of arms by him.
- Whether the mere inclusion of the petitioner’s name in an FIR for arms recovery suffices to deny bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Arms Act
- FIR
- possession
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30662 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- Phulaut District- Madhepura
======================================================
Sugandh Sharma @ Sugan Sharma S/o Late Jagdish Sharma R/o vill -
Ajgaiba, P.S.- Fulout, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Fulout P.S. Case No.
39 of 2025 registered for the offences punishable under Sections
25(1-B)a, 26 and 35 of the Arms Act.
3. As per FIR, one country-made pistol along with four
live cartridges recovered from the possession of one Navin Kumar
Yadav and this petitioner along with others co-accused was found
sitting with them. Allegations raised that petitioner along with
other co-accused committed crime.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that present FIR was lodged purely for
the recovery of arms. It is submitted that there is no allegation
alleged through FIR and FIR was lodged under exclusive
Patna High Court CR. MISC. No.30662 of 2026(2) dt.12-05-2026
2/2
possession of arms. It is submitted that alleged recovery of arms
was made from the possession of Navin Kumar Yadav. While
concluding arguments, it is submitted that petitioner is a man of
clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as firearm not recovered from the physical
possession of this petitioner, where other penal allegations as per
BNS not appears available through FIR in issue with petitioner,
accordingly petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned SDJM,
Udakishunganj, Madhepura/concerned Court, where the case is
pending in connection with Fulout P.S. Case No. 39 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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