Patna High Court
Niraj Kumar Sahni @ Niraj Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Niraj Kumar Sahni was arrested in connection with a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after a loaded country‑made pistol and a live cartridge were recovered from his co‑accused Rikesh Kumar. The petitioner contended that nothing was seized from him, he was merely a pillion rider, and he has no prior criminal record, having been in judicial custody since 19‑02‑2026. The State opposed bail. The Patna High Court, after considering the circumstances and the petitioner’s clean antecedents, ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties. The order was directed to be complied with by the Additional Chief Judicial Magistrate‑I, Dalsinghsarai, Samastipur.
Issues considered
- Whether bail can be granted to an accused charged under Sections 25(1‑b)(a), 26 and 35 of the Arms Act when the weapon was recovered from a co‑accused.
- Whether the petitioner’s lack of prior criminal antecedents and the fact that no weapon was recovered from his person justify bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- loaded firearm
- pillion rider
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31717 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- GHATHO District- Samastipur
======================================================
Niraj Kumar Sahni @ Niraj Kumar Sahani S/O Laxman Sahni Resident of
Village- Armauli, P.S.- Ghatho, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ghatho P.S. Case No.22 of 2026 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 two
bikes were intercepted by police and the petitioner was sitting
as a pillion on the bike of co-accused Rikesh Kumar @ Sonu
from whose possession a loaded country made pistol and a
live cartridge was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.31717 of 2026(2) dt.12-05-2026
2/2
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Recovery, if any, has been
made from the possession of Rikesh and petitioner is only
pillion on the bike. Learned counsel has further submitted that
petitioner is having no criminal antecedent and he is in
judicial custody since 19.02.2026.
5. The application for bail is opposed by learned
APP for the State.
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. 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 court of
learned Additional Chief Judicial Magistrate-I, Dalsinghsarai,
Samastipur in connection with Ghatho P.S. Case No.22 of
2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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