Patna High Court
Sanjay DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary bond and conditions of appearance and non‑tampering.
Summary
The petitioner, Sanjay Das, was arrested in connection with a case involving alleged planning of a crime, during which police recovered a country-made pistol, cartridges, mobile phones, and motorcycles. He is charged under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)a, 26, 35 of the Arms Act. The petitioner contended that no incriminating article, except a mobile phone, was found in his possession and that he has no link to the seized arms or motorcycles, despite having been in custody since 19‑07‑2025 and possessing one prior criminal antecedent. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, granted bail subject to a cash bond and specific conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner is likely to tamper with evidence or fail to appear in court.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 317(3), 317(4)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- conditions of bail
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5836 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Sanjay Das S/O Jharilal Das @ Jharilal Tanti R/O Vill.- Ram vishanpur, Ward
no. 1, Tola- Turkahi , P.S.- Raghopur, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pratapganj P.S. Case No. 151 of 2025 instituted for the offences
under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya
Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, acting on secret
information, police apprehended four accused at Chilam Chouk
while they were allegedly planning a crime, whereas two co-
accused persons fled away. During search, a country-made
pistol, live and empty cartridges, mobile phones, and two
motorcycles were recovered from the apprehended accused.
4. Learned counsel for the petitioner submitted that the
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petitioner has falsely been implicated in the present case. Except
mobile phone, no incriminating article has been recovered from
the conscious possession of the petitioner. Learned counsel
further submitted that petitioner has got no concern with the
recovered arms and the motorcycles. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
19.07.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pratapganj P.S. Case
No. 151 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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