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Patna High Court

Arhul DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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