Patna High Court
Mithilesh Kumar SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to strict conditions.
Summary
Mithilesh Kumar Sahani, a 19‑year‑old, was arrested in connection with a case alleging that a loaded country‑made pistol was recovered from the toolbox of a motorcycle he was using. He was charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑b)(a) and 26 of the Arms Act. The petitioner contended that the weapon was not in his conscious possession, the motorcycle did not belong to him, and the case was fabricated by the police. The State opposed bail. After hearing both sides, the Court granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including cooperation with the trial, attendance requirements, and restrictions on tampering with evidence. The bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under Section 317(5) of the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the circumstances of alleged possession and the petitioner’s claim of a fabricated case justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- possession of weapon
- conditions of bail
- false case allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7539 of 2026
Arising Out of PS. Case No.-805 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Mithilesh Kumar Sahani, aged about 19 years, Male, son of Krishna Sahani,
resident of Village- Sallepur (Salehpur), Malahi Tola, P.S.- Bishambharpur,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Gopalganj Town PS Case No.805 of 2025 dated 27.10.2025,
instituted for the offence punishable under Section 317(5) of the
Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-b)(a) and 26
of the Arms Act.
3. The allegation is of recovery of one loaded
countrymade pistol from the tool box of the motorcycle which
was being used by the petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. The petitioner has been implicated in this false
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and concocted case by the local police at the behest of his
enemies. The motorcycle, in question, does not belong to the
petitioner. Charge-sheet has already been submitted in the case.
The petitioner is in custody since 28.10.2025 and three cases are
pending against the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the CJM, Gopalganj, in Gopalganj
Town PS Case No.805 of 2025, subject to the conditions (i) that
the petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the Court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
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cancellation of bail on ground of misuse, (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner within two weeks from the date
of his release from custody shall appear before the SHO of his
local area along with a copy of this order and thereafter shall
appear before him every fortnightly to mark his attendance till
the framing of charge in the case by the trial Court.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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