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Patna High Court

Sanny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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