Patna High Court
Sanny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to bail and is released upon furnishing the required bail bond and sureties.
Summary
The petitioner, Sanny Kumar, was in judicial custody for alleged possession of two live cartridges under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that the cartridges were recovered from his conscious possession, but no independent witness to the seizure was recorded. The petitioner claimed false implication and sought regular bail, while the State opposed the bail application. The court examined the FIR, the lack of independent seizure evidence, and the petitioner’s custody since 07‑04‑2025. Considering these facts, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act for alleged possession of live cartridges
- Whether the absence of an independent witness to the seizure affects the bail decision
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- possession of live cartridges
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74475 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- Madhusudanpur District- Bhagalpur
======================================================
Sanny Kumar S/O Ramdin Yadav R/O Village- Manoharpur Navtoliya, P.S.-
Madhusudanpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is in custody in connection with
Madhusudanpur P.S Case No. 47 of 2025 registered for the
offences punishable under Sections 25(1-B)(a),26, 35 of
Arms Act.
3. As per prosecution case, two live cartridges
were recovered from the conscious possession of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is
further submitted that petitioner has got two criminal
Patna High Court CR. MISC. No.74475 of 2025(3) dt.21-01-2026
2/2
antecedents. It is also submitted that petitioner is in judicial
custody since 07.04.2025.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that only two live cartridges were recovered from
the conscious possession of the petitioner. No independent
witness of the seizure list. Petitioner is in judicial custody
since 07.04.2025.
7. Considering the aforesaid facts and
circumstances of the case and submissions made on behalf
of the petitioner, let the above named petitioner 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 learned J.M First Class, Bhagalpur in
connection with Madhusudanpur P.S Case No. 47 of 2025.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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