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Patna High Court

Sanjay DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.5836 of 2026(2) dt.28-01-2026
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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
           Patna High Court CR. MISC. No.5836 of 2026(2) dt.28-01-2026
                                                       3/3




                     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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