Patna High Court
Samphul SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Samphul Sah, was arrested in connection with a case under Sections 25(1‑b) and 26 of the Arms Act after a country‑made pistol and live cartridges were recovered from his possession. He claimed that he was falsely implicated and had been in custody since 15‑04‑2025. The petitioner applied for regular bail, arguing innocence and the length of his pre‑trial detention. The court considered the facts, the nature of the offence, and the period of custody, and decided to grant bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to his cooperation in the trial and availability as required by the court.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 25(1‑b) and 26 of the Arms Act despite the seriousness of the alleged offence
- Whether the period of pre‑trial custody justifies the grant of bail
Legislation cited
- Arms Act — s. 25(1-b), 26
Subjects
- regular bail
- Arms Act
- possession of illegal weapon
- pre‑trial detention
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56583 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- RAJAON District- Banka
======================================================
Samphul Sah S/o- Late Chandra Kishore Sah Village- Lahoriya Gopalpur PS-
Rajoun District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandad Prasad
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 02-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sectionss 25(1-b)
a and 26 of the Arms Act, registered in connection with Rajoun
P.S.Case No. 171 of 2025.
3. As per allegation, the petitioner was arrested and a
country-made pistol and some live cartridges were recovered
from his possession.
4. The learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated.
He is in custody since 15.04.2025.
5. Considering the above facts and circumstances as
well as the period of custody, let the petitioner, above-named,
Patna High Court CR. MISC. No.56583 of 2025(5) dt.02-02-2026
2/2
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 Chief Judicial Magistrate Banka in
connection Rajoun P.S. Case No. 171/2025, subject to the
condition that the petitioner shall cooperate in the disposal of
trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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