Patna High Court

Sunil PoddarversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner upon furnishing a bond and sureties.

Summary

Sunil Poddar was arrested in connection with a raid on Dinesh Yadav's house where illegal arms and a gun‑manufacturing instrument were seized. He was charged under Sections 310(4) and 310(5) of the Bihar Narcotic Substances (BNSS) Act, 2023 and several provisions of the Arms Act. The petitioner claimed innocence, arguing that the police did not comply with Section 105 of the BNSS during seizure and that it was unclear who possessed the bag containing the instrument. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the High Court held that bail should be granted, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, pending further trial.

Issues considered

Whether the petitioner is entitled to bail despite the seriousness of the offences under the BNSS Act and the Arms Act
Whether the seizure of the alleged weapon‑manufacturing instrument complied with Section 105 of the BNSS Act
Whether the petitioner’s prior criminal antecedents preclude the grant of bail

Legislation cited

Arms Act — s. 25(1-aa), 25(1-B)a, 26, 35
B.N.S., 2023 — s. 105, 310(4), 310(5)

Subjects

bail
illegal arms
seizure
BNSS Act
Arms Act
criminal antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5040 of 2026
                 Arising Out of PS. Case No.-187 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Sunil Poddar S/o Late Anil Poddar R/o Village - Chandanbagh Naya Tola, P.S
                 - Kashimbajar, District - Munger

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sessions Trial No. 374 of 2025 arising out of

                   Buxar(Industrial) P.S. Case No. 187 of 2025 registered for the

                   offence punishable under Sections 310(4), 310(5) of the B.N.S.,

                   2023 and Sections 25(1-B)a, 25(1-aa), 26 and 35 of the Arms

                   Act.

                                3. The case of the prosecution in short is that the

                   informant received a secret input that at the house of Dinesh

                   Yadav, situated at Dalsagar Village, Dinesh Yadav and his

                   associates have gathered, who are in possession of illegal arms

                   and are planning to commit a crime. In follow-up action, a raid

                   was conducted at the house of Dinesh Yadav, where five persons
Patna High Court CR. MISC. No.5040 of 2026(2) dt.09-02-2026
                                            2/3




          were present who tried to flee away. Dinesh Yadav succeeded in

          fleeing away from his house. It is further alleged that when the

          room was searched, two persons were found below the bed who

          were having a bag and from that bag, instrument for

          manufacturing gun was recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that as per the case of the prosecution,

          there were two persons and they were holding the bag. It is not

          clear from the case of the prosecution as to who was holding the

          bag. He further submits that the witnesses of the seizure list are

          police personnel. He also submits that police has not complied

          with Section 105 of the BNSS while making the seizure. He

          further submits the petitioner is languishing in judicial custody

          since 03.08.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of two cases.

                       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
           Patna High Court CR. MISC. No.5040 of 2026(2) dt.09-02-2026
                                                       3/3




                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned District

                     & Additional Sessions Judge-VII, Buxar in connection with

                     Sessions Trial No. 374 of 2025 arising out of Buxar (Industrial)

                     P.S. Case No. 187 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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