Patna High Court
Sanjay Kumar Sah @ Sanjay SinghaniyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner, Sanjay Kumar Sah, applied for regular bail in a case involving possession of a country-made pistol, a live cartridge, and 20.22 grams of brown sugar. He was charged under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1‑Ba), 26 and 35 of the Arms Act, and Sections 8(c), 21(b), 21(c) and 22(c) of the NDPS Act. The prosecution presented evidence of the contraband and highlighted the petitioner’s seven prior criminal antecedents, noting his custody since 16‑12‑2025. The court considered the seriousness of the offences, the nature of the seized items, and the petitioner’s criminal history. Concluding that the material facts indicated a prima facie case of involvement, the court declined to grant regular bail and dismissed the application.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act.
- Whether the presence of a firearm, live cartridge and narcotic substance, together with prior criminal antecedents, justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
- NDPS Act — s. 21(b), 21(c), 22(c), 8(c)
Subjects
- regular bail
- firearm possession
- narcotics
- Arms Act
- NDPS Act
- criminal antecedents
- high court bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40599 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Sanjay Kumar Sah @ Sanjay Singhaniya Son of Ram Priti Sahu @ Ramprit
Sah Resident of Village- Korahiya, Goth Tol, P.S.- Jaynagar, District-
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Jaynagar P.S. Case No. 446 of 2025 registered for the offence
under Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita,
2023, Section 25(1-B)a, 26 and 35 of the Arms Act and Sections
8(c), 21(b), 21(c) and 22(c) of the NDPS Act.
3. As per the prosecution case, one country-made
pistol along with one live cartridge and 20.22 grams of brown
sugar was recovered from the possession of the petitioner.
4. The petitioner is in custody since 16.12.2025 and
has seven criminal antecedents. The allegations against the
petitioner are serious and grave in nature. There exists prima
Patna High Court CR. MISC. No.40599 of 2026(2) dt.24-06-2026
2/2
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the aforesaid facts and circumstances
of the case including the recovery of the contraband, this Court
is not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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