Patna High Court
Pintu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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