Patna High Court
Sagar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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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
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(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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