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Patna High Court

Sugandh Sharma @ Sugan SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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