Patna High Court
Sanjeev Kumar @ Banda @ Banda YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that regular bail should be granted to the petitioner.
Summary
The petitioner, Sanjeev Kumar, was arrested after a police raid recovered a large cache of arms and ammunition from his house in Jehanabad. The prosecution’s case relied on a confessional statement of co‑accused Satyendra Vishwakarma, who alleged that the petitioner’s name appeared in the statement, although the petitioner claimed he was merely the owner of the rented premises and had no direct involvement. He had been in custody since 7 January 2025 and sought regular bail under several provisions of the Arms Act. The State opposed the bail application, arguing the seriousness of the offences. Considering the lack of direct possession, the circumstances of the raid, and the length of custody, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The petitioner was ordered to be released on bail subject to the conditions prescribed by the Chief Judicial Magistrate, Jehanabad.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Arms Act.
Legislation cited
- Arms Act, 1959 — s. 25(1-A), 25(1-AA), 25(1-B)(i), 26, 35
Subjects
- bail
- Arms Act
- confessional statement
- possession
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64842 of 2025
Arising Out of PS. Case No.-186 Year-2024 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Sanjeev Kumar @ Banda @ Banda Yadav S/o Surya Dev Kumar @ Suryadeo
Yadav R/o Village - Pachami Saren (Saren), P.S.- Tehta, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 25(1-A), 25(1-B)(i), 25(1-
AA), 26 and 35 of the Arms Act.
3 . As per FIR, on a secret information , a raid was
conducted and huge arms and ammunition were recovered
from house of this petitioner.
4. Learned counsel for the petitioner submits that the
name of the petitioner transpired in the confessional statement
of co-accused Satyendra Vishwakarma who has taken the house
of this petitioner on rent. Petitioner is simply owner of house
and he has got no concern with the alleged occurrence . No arms
and ammunition recovered from the conscious possession of the
Patna High Court CR. MISC. No.64842 of 2025(4) dt.12-02-2026
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petitioner. Petitioner is in custody since 07.01.2025 .
5 . Learned A.P.P. for the State vehemently opposes
the bail application .
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner 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 Chief Judicial Magistrate
Jehanabad in connection with Makhdumpur P. S. Case No. 186
of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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