Patna High Court

Sahil KumarversusThe State of Bihar

Decided: 22 June 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Anticipatory bail was granted to the petitioner as he had no antecedent and the incriminating items were recovered from a co‑accused.

Summary

The petitioner, Sahil Kumar, applied for anticipatory bail fearing arrest in a case (Tandwa P.S. Case No. 115 of 2025) under Sections 25(1‑B) and 26 of the Arms Act. The prosecution alleged that a pistol, live cartridges and a country‑made gun were recovered, but the recovery was from co‑accused Mithun Kumar, not the petitioner. The petitioner claimed innocence, no criminal antecedent, and pointed out that a co‑accused had already been granted bail (Cr. Misc. No. 84663 of 2025) and another co‑accused had received anticipatory bail (Cr. Misc. No. 34777 of 2026). The State opposed the bail. After hearing both sides, the court, applying its discretion under Section 482(2) of the CrPC, ordered the petitioner to surrender within four weeks and granted anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the usual conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Arms Act offences.
Whether the petitioner’s lack of antecedents and the fact that the seized items were recovered from a co‑accused justify bail.

Legislation cited

Arms Act — s. 25(1-B), 26
Criminal Procedure Code — s. 482(2)

Subjects

anticipatory bail
Arms Act
Criminal Procedure Code
bail conditions
co‑accused
no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31894 of 2026
                     Arising Out of PS. Case No.-115 Year-2025 Thana- TANDWA District- Aurangabad
                 ======================================================
                 Sahil Kumar S/o Arvind Singh @ Arvind Chandravanshi R/o vill - Ram
                 Nagar, P.s.- Tandwa, Distt.- Aurangabad
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Tandwa P.S. Case No. 115 of 2025 instituted for the offence

                   under Sections 25(1-B) and 26 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of one Mithun, one country made pistol and one live

                   cartridges were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has falsely been implicated in this

                   case. Nothing has been recovered from the possession of this

                   petitioner rather the recovery has been made from the possession

                   of co-accused Mithun Kumar and he has already been granted
            Patna High Court CR. MISC. No.31894 of 2026(2) dt.22-06-2026
                                                        2/2




                      bail by this court vide Cr. Misc. No. 84663 of 2025. Learned

                      counsel has further submitted that similarly situated other co-

                      accused person has already been granted anticipatory bail by

                      learned co-ordinate Bench of this Court vide Cr. Misc. No. 34777

                      of 2026. A statement has been made in para-3 of this petition that

                      the petitioner has got no criminal antecedent.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail. The petitioner is

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of his arrest or surrender in

                      connection with Tandwa P.S. Case No. 115 of 2025, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Aurangabad,

                      Bihar subject to the conditions as laid down under section 482(2)

                      of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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