Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions, as the evidence did not directly implicate him and he possessed a clean antecedent.
Summary
The petitioner, Sahil Kumar, was arrested on 21 March 2026 in connection with an FIR dated 20 March 2026 alleging offences under Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. While arms and two motorcycles were seized from co‑accused persons, only a mobile phone was recovered from the petitioner’s possession. The petitioner claimed a clean antecedent and that he was falsely implicated merely because he was present with the co‑accused. The State opposed bail, but the court, after considering the lack of incriminating material against the petitioner and his alleged clean record, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to a person accused under the Arms Act when arms were recovered only from co‑accused and not from the petitioner.
- Whether the petitioner’s presence with co‑accused suffices to justify continued detention.
- Whether the petitioner’s claim of a clean antecedent and lack of incriminating evidence merit bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 27, 35
Subjects
- bail
- Arms Act
- false implication
- criminal antecedent
- co‑accused
- seizure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41591 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- GHOSWARI District- Patna
======================================================
Sahil Kumar S/O Rajesh Kumar @ Rajesh Yadav Resident of ward No 7,
Gosai Gaon, Hira Tola, Patna, Dhanak Dova, PS- Ghoaswari, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Raj, Advocate
For the State : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Akash Raj, learned counsel for the
petitioner and Mr. Mukesh Kumar Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
21.03.2026, in connection with Ghoswari P.S. Case No. 29 of
2026, F.I.R. dated 20.03.2026 registered for the offences
punishable under Sections 25(1-B)a, 26, 27, 35 of the Arms Act.
3. The case relates to recovery of arms and one
mobile phone.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. From perusal of the F.I.R. as
well as seizure list, it appears that nothing incriminating article
has been recovered from the possession of the petitioner only
Patna High Court CR. MISC. No.41591 of 2026(2) dt.30-06-2026
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one mobile phone was recovered from the possession of the
petitioner and arms have been recovered from the possession of
co-accused persons, namely, Kishore Kumar, Sonu Kumar and
Alok Raj and apart from that two motorcycles was also
recovered from the possession of co-accused persons. Learned
cousnel for the petitioner further submits that the petitioner has
been made accused merely on the ground that the petitioner was
present with the other co-accused persons and the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 21.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Barh, Patna in
connection with Ghoswari P.S. Case No. 29 of 2026, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.41591 of 2026(2) dt.30-06-2026
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and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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