Patna High Court
Sadhu SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail subject to a bond and specified conditions.
Summary
The petitioner, Sadhu Sahni, was arrested in connection with a case under sections 25(1‑b)a and 26 of the Arms Act after police recovered a country‑made gun, pistol and live cartridges from a bush. The petitioner contended that no arms were found in his possession, that the seizure was not made in accordance with Section 105 of the BNSS, and that he had been in judicial custody since 2 January 2026. The State opposed bail, citing seven prior criminal cases, two of which involved similar offences. After hearing both sides, the court granted regular bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance at every trial date and weekly attendance at Maker Police Station. The order was communicated to the Superintendent of Police, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of illegal arms and prior criminal antecedents.
- Whether the seizure of the arms complied with the procedural requirements of Section 105 of the BNSS.
- Whether the nature of the alleged offence under the Arms Act warrants denial of bail.
Legislation cited
Subjects
- regular bail
- Arms Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41927 of 2026
Arising Out of PS. Case No.-602 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Sadhu Sahni S/O Late Jalandhar Sahni R/O village- Murahiya Hasanpura,
P.S- Maker, Dist. - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-b)a, 26
of the Arms Act.
3. The case of the prosecution is that police had input
that one Sadhu Sahani the petitioner was seen who was
allegedly wanted in a murder case. He was apprehended by
police and it is alleged that on his statement, a search was made
at Fatehebad Giaspur Tola Diara and from the bushes, arms
were recovered in a sack and from the sack, one country made
gun, one country made pistol along with live cartridges were
recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41927 of 2026(2) dt.29-06-2026
2/3
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Recovery if any,
has been made from the bushes. The seizure list witnesses are
police personnel and police has not followed Section 105 of
BNSS while preparing the seizure. Moreover, he is languishing
in judicial custody since 02.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of seven
cases out of which, two is of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Paroo P.S. Case No. 602 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM- IV,
Muzaffarpur/Concerned Court with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
(ii) Petitioner is also directed to mark his weekly
Patna High Court CR. MISC. No.41927 of 2026(2) dt.29-06-2026
3/3
attendance at Maker P.S.
7. Office is directed to communicate this order to the
Superintendent of Police, Muzaffarpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.