Patna High Court
Sanjay sah @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that the petitioner is entitled to bail, subject to a bond of Rs 10,000, two sureties, and the conditions specified under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Sanjay Sah, was implicated in an arms case (Sections 25(1‑b)a and 26 of the Arms Act) after police allegedly entered his house and he fled, discarding a pistol. He contended that no incriminating material was recovered from him or his residence and that he was falsely implicated. The petition sought bail, noting that he had not previously applied for anticipatory or regular bail and that he was already accused in four other cases. The State opposed the bail application. The High Court, after considering the facts and the petitioner’s claim of innocence, allowed the bail petition, directing that bail be granted on a bond of Rs 10,000 with two sureties and subject to conditions under Section 482(2) of the B.N.S.S., 2023. The order also stipulated cancellation of bail if the petitioner concealed additional criminal antecedents or made false statements regarding prior bail petitions.
Issues considered
- Whether the petitioner is entitled to bail pending arrest in a case under Sections 25(1‑b)a and 26 of the Arms Act.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S., 2023 are applicable to the bail grant.
- Whether the petitioner’s prior criminal antecedents and alleged false statements affect the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- Arms Act
- anticipatory bail
- criminal procedure
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4817 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Sanjay Sah @ Sanjay Kumar, Son of Gawar Sah, Resident of Village-
Mathiya P.S.- Chhatauni Dist -East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Anil Kumar, Advocate
For the State : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with
Chhatauni P.S. Case No.533 of 2025, dated-07.09.2025,
registered for the offences punishable under Sections 25(1-b)a /
26 of the Arms Act.
3. As per allegation, on secret information, police
came to the house of the Petitioner and seeing the police the
Petitioner is alleged to have started fleeing away throwing away
a pistol from his waist.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that no incriminating material has been
Patna High Court CR. MISC. No.4817 of 2026(2) dt.04-02-2026
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recovered either from the possession of the Petitioner or from
his house.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in four other
cases.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Chhatauni P.S. Case No.533 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.4817 of 2026(2) dt.04-02-2026
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below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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