Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sagar Kumar, was arrested in connection with a case involving alleged violations of the Bharatiya Nyaya Sanhita, the Arms Act and the NDPS Act, and has been in judicial custody since 27 May 2025. He filed a second bail application after an earlier denial, arguing that no witnesses had been examined, the quantity of ganja recovered was small, and he had no involvement in the arms seizure. The State opposed the bail, emphasizing the seriousness of the offenses and the large quantity of arms recovered from the petitioner's rented house. The Court considered the length of custody, the lack of trial progress, and the petitioner's antecedents, and decided to grant regular bail. Bail was conditioned on a cash bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the requirement to appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offenses under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act
- Whether the duration of pre‑trial custody and lack of witness examination justify bail
- Whether the conditions imposed are sufficient to ensure the petitioner's attendance and prevent tampering with evidence
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 61(2)
- NDPS Act — s. 20(B)(II)(A), 8
Subjects
- bail
- pre‑trial detention
- Arms Act
- NDPS Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44397 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- BEUR District- Patna
======================================================
Sagar Kumar Son of Late Suresh Singh Resident of Village- Dharmpur, P.S.-
Athmalgola, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivanand Singh, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Beur
P.S. Case No. 264 of 2025, instituted for the offences under
Sections 111(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023,
read with Sections 25(1-B)(a), 26, 35 of the Arms Act, Sections
8 and 20(B)(II)(A) of the NDPS Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
01.12.2025 passed in Cr. Misc. No. 72908 of 2025 taking into
consideration the facts and circumstances of the case, there
being recovery of huge quantity of arms and ammunition from
Patna High Court CR. MISC. No.44397 of 2026(2) dt.03-07-2026
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the rented house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 27.05.2025
without any rhymes or reason and has got two criminal
antecedents. It is next submitted that charge has already been
framed against the petitioner but no any witness has been
examined in this case. It is further submitted that the alleged
recovery of ganja is below small quantity and the petitioner has
got no concern with the alleged recovery of arms and
ammunition.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Beur P.S. Case No.
264 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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