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Patna High Court

Sagar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties and conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Sagar Prasad, was arrested after police recovered two pistols and live cartridges from his tenanted premises, alleging violations of Sections 25(1‑b)a, 26 and 35 of the Arms Act. He claimed innocence, a clean antecedent, and that the weapons were actually recovered from another person's house, alleging police collusion. The State opposed bail, while the petitioner’s counsel argued for release given the chargesheet had been filed and his custody period. The court considered the nature of the offence, the petitioner’s clean record, the filing of the chargesheet, and the length of custody. It ordered bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and other attendance requirements. The bail was granted, and the petitioner was directed to be released subject to compliance with the conditions.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 25(1‑b)a, 26 and 35 of the Arms Act.
  • Whether the petitioner’s clean antecedent, filing of the chargesheet and period of custody justify bail.
  • Whether the conditions imposed under Section 480(3) of the B.N.S.S. are appropriate.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal firearms
  • clean antecedent
  • chargesheet
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4204 of 2026
                  Arising Out of PS. Case No.-415 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Sagar Prasad Son of Late Mahesh Prasad, R/o Village - Etaura, P.S.- Manpur,
                 District - Nalanda. At present, Mohalla - Shibpuri, P.S.- Laheri, District -
                 Nalanda.
                                                                              ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Laheri P.S. Case No. 415 of 2025 dated

                   26.08.2025, registered for the offences punishable under

                   Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                   3. As per the prosecution case, on receiving

                   information about keeping of illegal fire-arms by the petitioner

                   in his tenanted premises, a raid was conducted by the police and

                   subsequently petitioner was apprehended, and from search of

                   the premises in question, recovery of two country-made pistols

                   with magazines and nineteen live cartridges was made.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.4204 of 2026(2) dt.28-01-2026
                                            2/3




          been implicated in the present case. Learned counsel next

          submits that petitioner is having clean antecedent and

          chargesheet has been submitted. He further submits that the

          recovery has been made from the house of one Naresh Kumar,

          but the police, in collusion, showed the recovery from the

          tenanted premises of this petitioner. Learned counsel lastly

          submits that petitioner is in custody since 26.08.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          clean antecedent of the petitioner, his period of custody and

          submission of chargesheet, the petitioner, above-named, is

          directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

          the like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Nalanda at Biharsharif / concerned Court, in

          connection with Laheri P.S. Case No. 415 of 2025, subject to

          the condition laid down under Section 480(3) of the B.N.S.S.

          and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.
          Patna High Court CR. MISC. No.4204 of 2026(2) dt.28-01-2026
                                                      3/3




                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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