Patna High Court
Sk. Kalu @ Sajid @ SajedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Kalu @ Sajid @ Sajed, was named in FIR No.254 of 2025 for alleged assault and use of a country‑made pistol in a land‑dispute related incident, invoking sections of the Bharitya Nagrik Suraksha Sanhita (BNS) and the Arms Act. He applied for anticipatory bail, arguing that the BNS offences are bailable and that he was not alleged to have possessed the firearm at the time. The State opposed the bail, contending that the allegations under the Arms Act warranted detention. The Court examined the nature of the offences, the bail provisions under Section 482(2) of the BNS, and the petitioner’s lack of direct involvement with the weapon. Finding that the offences under BNS are bailable and that no specific allegation tied the petitioner to the firearm, the Court granted anticipatory bail subject to a bond and sureties. The order was conditioned on the petitioner surrendering within six weeks and complying with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita for the offences alleged.
- Whether the offences under the BNS are bailable in nature.
- Whether the Arms Act provisions apply to the petitioner given the facts.
Legislation cited
- Arms Act — s. 25(I-B)(a), 26, 35
- Bharitya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- bailable offence
- Arms Act
- land dispute
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35613 of 2026
Arising Out of PS. Case No.-254 Year-2025 Thana- PRANPUR District- Katihar
======================================================
Sk. Kalu @ Sajid @ Sajed S/o Sk Rashid Resident of Village - Siktia, P.S.
-Azamnagar, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending his arrest in
connection with Pranpur PS Case No 254 of 2025 registered for
the offence punishable under Sections 126 (2), 115 (2), 352, 3
(5) of the BNS and Sections 25 (I-B) (a), 26, 35 of the Arms
Act.
4. As per the allegation, the petitioner and co-accused
persons abused and assaulted the informant party. It has been
alleged that in course of the said occurrence of abuse and
assault, co-accused Sheikh Rabbani attacked Md Kalam with a
country made pistol. Thereafter, co-accused persons Sheikh
Patna High Court CR. MISC. No.35613 of 2026(2) dt.21-05-2026
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Rabbani, Sheikh Hasib and Sheikh Dilbar were apprehended. It
has further been alleged that one country made pistol was
recovered from the possession of Sheikh Rabbani.
5. Learned counsel for the petitioner has submitted
that there is case and counter case between the parties and from
the narration in the FIR itself, it would be clear that there is
serious land dispute between the parties. It has further been
submitted that the offences of BNS are bailable in nature and no
offence under the Arms Act is made out against the petitioner as
the petitioner is not alleged to have having a firearm in his
possession at the time of occurrence. It has lastly been
submitted that the petitioner has been made accused in two other
cases but not of similar nature and he is on bail in those cases.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail bond of Rs
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court concerned,
Patna High Court CR. MISC. No.35613 of 2026(2) dt.21-05-2026
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Katihar, in connection with Pranpur PS Case No 254 of 2025
subject to the conditions as laid down under Section 482 (2) of
the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
U
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