Patna High Court
Subodh Sah @ Suman Sah @ ChaptiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Subodh Sah, was charged under Sections 25(1‑B)a and 26 of the Arms Act for allegedly possessing a loaded pistol and five live cartridges. He had been in custody for about ten months and argued that he was falsely implicated, citing prior bail grants in other cases. The State opposed bail, emphasizing the seriousness of the offence. The court examined the facts, noting that charges had been framed and custodial interrogation was no longer required. Considering the circumstances, the court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial and appearance on all dates. The bail order was pronounced by Justice Nawneet Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 25(1‑B)a and 26 of the Arms Act, given the nature of the offence and the period of pre‑trial detention?
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- pre‑trial detention
- criminal procedure
- Section 439 CrPC
- possession of firearm
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53910 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- PUSA District- Samastipur
======================================================
Subodh Sah @ Suman Sah @ Chapti S/o Late Rajdeo Sah R/o Village-
Dharamgatpur Bathua, P.S.- Pusa, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Adv.
For the Opposite Party/s : Mr. J. N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 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 Section-25(1-B)a, 26 of the Arms Act.
3. As per prosecution case, a loaded pistol and five
live cartridges are said to have been recovered from possession
of the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. In other cases, he has been granted bail. He is in
custody for near about ten months. Charges have been framed in
the case and as such, custodial interrogation is not required.
5. Learned APP has opposed the prayer for bail.
Patna High Court CR. MISC. No.53910 of 2025(4) dt.13-01-2026
2/2
6. Considering the aforesaid facts and circumstances,
let the petitioner named above, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Judicial
Magistrate-Ist Class/concerned court, Samastipur in connection
with Pusa P.S. Case No. 31 of 2025 with the following
conditions:
(i) The petitioner shall cooperate with the trial
and make himself available as and when required by the
court.
(ii) The petitioner will appear in the court below
on each and every date fixed in the case
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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