Patna High Court
Anwar Sah @ Anwar ShahversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 25(1‑B)a, 26
- Bihar Narcotic Substances Act — s. 109, 317(3)
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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