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Patna High Court

Anwar Sah @ Anwar ShahversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was not granted to the petitioner at this stage.

Summary

Anwar Shah was arrested in Gopalganj after a government pistol with live cartridges and a country‑made pistol were allegedly recovered from his residence. He filed a bail petition, claiming the seizure was false, that the seizure list lacked an independent witness, and that he had already been granted bail in a separate case under Section 109 of the Bihar Narcotic Substances Act. The State opposed bail, highlighting the recovery of a government‑issued firearm and the petitioner’s seven prior criminal antecedents. The court noted the seriousness of the arms offences, the lack of charge framing, and the petitioner’s criminal history, and therefore declined to grant bail at this stage. However, the petitioner was permitted to renew his bail application after charges are framed.

Issues considered

  • Whether bail should be granted to the petitioner in offences under Sections 25(1‑B)a and 26 of the Arms Act and Section 317(3) of the Bihar Narcotic Substances Act
  • Whether the alleged irregularities in the seizure of firearms affect the bail decision

Legislation cited

Subjects

  • bail
  • Arms Act
  • firearm seizure
  • criminal antecedent
  • charge framing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66003 of 2025
                     Arising Out of PS. Case No.-141 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Anwar Sah @ Anwar Shah Son of Noorain sah @ Nurain Shah Resident of
                 village - Ahirauli Dubauli, Tola Takiya, Police Station - Gopalpur, District -
                 Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                                                  Mrs. Tooba Hera, Advocate
                                                  Mr. Pratyush, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   24-02-2026                    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 Sections 25 (1-B)a, 26 of the Arms Act and

                   Section 317 (3) of B.N.S.

                                 3. As per the prosecution case, one government pistol

                   loaded with three live cartridges and one country made pistol were

                   recovered from the house of the petitioner.

                                 4. Learned counsel for the petitioner submits that a false

                   recovery of firearms has been shown from his house and he has also

                   been falsely implicated in another under case under Section 109 of

                   the B.N.S. in which he has been granted bail. It is further submitted

                   that there are discrepancies in the seizure list as the same has not
             Patna High Court CR. MISC. No.66003 of 2025(6) dt.24-02-2026
                                                         2/2




                       been prepared in the presence of any independent witness and the

                       petitioner is in custody 24.05.2025 and till date charges have not

                       been framed.

                                    5. Learned APP for the State opposed the bail petition on

                       the ground that a government pistol has also been recovered from his

                       possession and in total there are seven criminal antecedent against

                       the petitioner

                                    6. Taking into consideration the facts and circumstances of

                       the case and also considering the recovery, coupled with the criminal

                       antecedent of the petitioner, this court is not inclined to grant bail to

                       the petitioner at this stage.

                                    7. However, the petitioner is granted the liberty to renew

                       his prayer for bail after framing of charge.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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