Patna High Court
Sahil Saurav @ Saurabh SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 25(1-B)a, 26, 27, 35
- Bihar Negotiable Sale and Settlement Act (BNS) — s. 109
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.