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Patna High Court

Niraj Kumar Sahni @ Niraj Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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