Patna High Court
Arhul DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, directing her release upon furnishing a bail bond with two sureties.
Summary
Arhul Devi was arrested under several provisions of the Arms Act after a co‑accused, Praveen (Munna Singh), claimed he had hidden a pistol and cartridges in her house. The petitioner argued that the recovery was false, that proper search‑seizure procedures were not followed, and that she had no knowledge of the weapons and suffers from health problems. The State opposed bail. The court noted the co‑accused’s admission, the petitioner’s lack of knowledge, her prolonged custody of over seven months, and the stagnation of the investigation, and consequently ordered that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be executed by the trial court handling the case.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act given the circumstances of alleged false recovery and procedural lapses.
- Whether the recovery of firearms from the petitioner’s house is valid in the absence of compliance with mandatory search and seizure provisions.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-B)(a), 26(1), 26(2), 35
Subjects
- bail
- Arms Act
- search and seizure
- false recovery
- co‑accused confession
- health issues
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74650 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Arhul Devi W/o Manoj Das R/o Village- Nowkothi ward No. 4, P.S-
Nowkothi, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 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 (1), 25 (1-A), 26 (2)
and 35 of the Arms Act.
3. As per the prosecution case, co-accused Praveen @
Munna Singh disclosed that he has kept his arms hidden in the house
of the petitioner and upon search one country made pistol and
cartridges were recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner who is a lady has been falsely implicated in a case under
the Arms Act by showing false recovery of firearms from her house
which has been allegedly recovered on the basis of confessional
statement of a co-accused Praveen Kumar @ Munna Singh and this
Patna High Court CR. MISC. No.74650 of 2025(4) dt.23-02-2026
2/2
also indicates that the materials, if any, belong to the said Praveen
Kumar @ Munna Singh. Further, there is no compliance of
mandatory provision of search and seizure and the petitioner is a lady
who is suffering from several health issue for which a supplementary
affidavit has also been filed. Charge sheet has already been submitted
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that it is co-accused who has
admitted that he had kept the arms in the house of the petitioner who
seems to have no knowledge of the same, coupled with the fact that
she is in custody for more than seven months and no further progress
has been made in the case, the above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Nowkothi P.S. Case No.
156 of 2025 (G.R. No. 3239 of 2025).
(Soni Shrivastava, J)
vashudha/-
U T
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