Patna High Court
Biran Sada @ Birendra SadaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied as the trial was at the defence‑evidence stage and possession of the prohibited arms was established.
Summary
The petitioner, Biran Sada, was arrested and charged under Sections 25(1‑b) a and 26 of the Arms Act for alleged possession of a country‑made pistol, five live cartridges and an empty magazine. He contended that the recovery of the weapon and cartridges was false and pointed to his clean criminal record since 2015, having been in custody since 7 January 2025. The State opposed bail, emphasizing that the items were recovered from his conscious possession and that the trial was already at the defence‑evidence stage. The High Court held that, given the advanced stage of the trial and the material evidence of possession, bail could not be granted. The court directed the trial court to conclude the proceedings expeditiously, preferably within three months, without unnecessary adjournments.
Issues considered
- Whether bail can be granted at an advanced stage of trial where possession of illegal arms is established.
- Whether a claim of false recovery of the weapon and ammunition can justify bail.
- Whether the petitioner’s antecedent criminal record affects the bail decision.
Legislation cited
- Arms Act — s. 25(1‑b) a, 26
Subjects
- bail
- Arms Act
- illegal possession
- trial stage
- conscious possession
- expeditious trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53576 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Biran Sada @ Birendra Sada S/o Late Ram Ashish Sada Resident of Village-
Khetapur, P.S.- Sarairanjan, Distt- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishikesh Ojha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 25 (1-b) a and 26 of Arms Act.
3. As per the prosecution case, one country made pistol,
five live cartridges and one empty magazine were recovered from the
conscious possession of the petitioner.
4. Learned counsel for the petitioner submits that a false
recovery of one country made pistol and five cartridges have been
shown to be recovered from the conscious possession of the
petitioner. Petitioner is, however, in custody since 07.01.2025 and so
far as his other antecedents are concerned, all the previous criminal
cases are prior to 2015 and no case is pending against him after 2015.
5. Learned A.P.P opposes the bail on the ground that there
is recovery from his conscious possession and more so, the report
Patna High Court CR. MISC. No.53576 of 2025(6) dt.12-02-2026
2/2
with regard to the stage of the trial has been received which indicates
that the present case is at the stage of defence evidence.
6. In such view of the matter, at such an advance stage of
the trial, there is no question of granting bail to the petitioner.
7. However, the learned trial court is directed to conclude
the trial expeditiously without giving any unnecessary adjournments
preferably within a period of three months.
(Soni Shrivastava, J)
vashudha/-
U T
Checking your session…