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Patna High Court

Pintu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to bond and attendance conditions.

Summary

Pintu Sah was arrested in connection with an illegal mini‑gun factory and charged under sections 25(1‑b)a, 25(1‑AA), 26 and 35 of the Arms Act. The prosecution alleged that a gun‑manufacturing unit operated at the residence of Virendra Kumar Srivastava, where the petitioner and other accused were seized. The petitioner, who has been in custody since 1 September 2024, sought regular bail, arguing his right to a speedy trial and pointing to a similar bail order granted to a co‑accused in Cr. Misc. No. 10857 of 2025. The State opposed the bail on grounds of the seriousness of the offences. The Court, after considering the arguments, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear at the police station monthly. The order also stipulated that any default would lead to cancellation of bail.

Issues considered

  • What is the appropriate discretion of the court in granting bail to an accused under the Arms Act for alleged illegal arms manufacturing?
  • Does the petitioner’s prolonged pre‑trial detention infringe his right to a speedy trial, warranting bail?

Legislation cited

  • Arms Act — s. 25(1-AA), 25(1-b)a, 26, 35

Subjects

  • bail
  • Arms Act
  • illegal arms manufacturing
  • speedy trial
  • surety
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7412 of 2026
                       Arising Out of PS. Case No.-2 Year-2024 Thana- Naya Bhojpur District- Buxar
                 ======================================================
                 Pintu Sah S/O Binda Sah @ Vinda Sah Resident of village- Bokta Barahi
                 Bokhtha Barahi, Police Station- Suppi, District- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manish Rai Sharma, Adv
                 For the Opposite Party/s :        Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail.

                                3.    The petitioner seeks bail in connection with

                   Naya Bhojpur P.S.Case No. 02 of 2024 registered for the

                   offence punishable under sections 25(1-b)a, 25(1-AA), 26,35 of

                   the Arms Act.

                                4. As per the prosecution case, the informant has

                   received an information that a mini gun factory is running

                   illegally in the house of the Virendra Kumar Srivastave. All the

                   accused persons including the present petitioner were caught in

                   the arm factory being run by Virendra Kumar Srivastava.

                                5. Learned counsel for the petitioner submits that the
        Patna High Court CR. MISC. No.7412 of 2026(2) dt.16-02-2026
                                                    2/2




                  charge has been framed and the trial is not proceeding. The

                  petitioner has a right to speedy trial. He further submits that

                  similarly situated accused namely, Virendra Kumar Srivastave,

                  who was caught by the co- accused has been granted bail by a

                  co-ordinate Bench of this Court in Cr. Misc. No. 10857 of 2025

                  on 11.04.2025. The petitioner is in custody since 01.09.2024.

                               5. Learned APP appearing for the State opposes the

                  prayer for regular bail of the petitioner.

                               7. Considering the above, this application is allowed.

                               8. Let the petitioner, above named, be released on bail

                  on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with

                  two sureties of the like amount each to the satisfaction of the

                  learned court below/concerned Court in connection with Naya

                  Bhojpur P.S.Case No. 02 of 2024, subject to the condition that

                  the petitioner will co-operate in the trial.

                               9. The petitioner will also mark attendance in Suppi

                  Police Station on the first Sunday of each month, Any default in

                  appearance at the Police Station would result in cancellation of

                  bail bonds of the petitioner and one of the bailors shall be close

                  blood relation of the petitioner.

N.K/-                                                          (Sandeep Kumar, J)

U


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