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Patna High Court

Sahil Saurav @ Saurabh SahilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the prosecution failed to establish constructive possession of the arms.

Summary

The petitioner, Sahil Saurav, was named in an FIR for alleged firing on police at a house under construction that he owned but did not occupy. He claimed the house was uninhabited, the firearms used were licensed, and that he was being implicated for political reasons as a village mukhiya. The prosecution conceded the house was under construction and not occupied by the petitioner. The court examined whether the petitioner had constructive possession of the arms and whether bail could be granted under Section 482(2) of the Bihar Negotiable Sale and Settlement Act. Finding reasonable doubt about his possession of the weapons, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties. The bail was conditioned on his surrender within four weeks and compliance with the stipulated conditions.

Issues considered

  • Whether the petitioner had constructive possession of the arms used in the firing.
  • Whether bail could be granted under Section 482(2) of the Bihar Negotiable Sale and Settlement Act in view of the allegations under the Arms Act.

Legislation cited

Subjects

  • bail
  • Arms Act
  • constructive possession
  • political motive
  • FIR
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34567 of 2026
                   Arising Out of PS. Case No.-144 Year-2026 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Sahil Saurav @ Saurabh Sahil Son of Late Brajkishore Yadav @ Buchchan
                 yadav Resident Of Village -Maujampatti, Police Station- Barhara Kothi,
                 District -Purnea                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajnish Kumar Singh
                 For the Opposite Party/s :      Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
4   08-07-2026                  Heard the parties.

                                2. The petitioner is named in the F.I.R. and apprehending

                   his arrest in connection with K. Hat P.S. Case No. 144/2026

                   registered for the offences punishable under Sections 109 of the BNS

                   and Section 25(1-B)a, 26, 27 and 35 of the Arms Act.

                                3. As per FIR, occurrence of firing took place between the

                   co-accused persons and police in the house which belongs to this

                   petitioner and was under construction.

                                4. It is submitted by learned counsel appearing on behalf

                   of the petitioner that the house in issue was under construction and

                   was not occupied by this petitioner and when police chased co-

                   accused, he entered into the house of petitioner, from where

                   exchange of firing took place. It is submitted that petitioner is

                   “mukhiya” and therefore due to oblique political motive he was

                   implicated with the present crime in question. Arguing further, it is

                   submitted that the arms, which were used to open fire upon police

                   personnel were issued under valid license and, therefore, this is not a

                   case of implication of petitioner for the offence punishable under

                   Arms Act. It is submitted that prior to this case petitioner found
               Patna High Court CR. MISC. No.34567 of 2026(4) dt.08-07-2026
                                                           2/2




                         involved in 11 more criminal cases, including two cases of heinous

                         offences related with murder, but after the trial he was acquitted and

                         therefore, he was effectively found involved in 9 criminal cases

                         mostly related with petty issues, where he is on bail.

                                       5. Learned APP while opposing the prayer of bail fairly

                         conceded that the house in issue, where exchange of firing took place

                         was under construction and was not occupied by this petitioner, in

                         terms of FIR.

                                       6. In view of aforesaid factual submission and by taking

                         note of fact as admittedly house in issue, where exchange of firing

                         took place appears prima-facie not occupied by this petitioner as it

                         was under construction, thus by creating a doubt qua constructive

                         possession of arms with petitioners, which alleged to be possessed by

                         co-accused persons, 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   CJM,

                         Purnea/concerned Court, where the case is pending in connection

                         with K. Hat P.S. Case No. 144/2026, subject to the conditions as laid

                         down under Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T


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