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Patna High Court

Sahil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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