Patna High Court

Sanjay Kumar @ Lala @ Lalwa @ Sanjay MahtoversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Sanjay Kumar, was arrested in connection with a case involving a stolen motorcycle and the recovery of a country-made pistol with live cartridges. He was charged under Section 317(5) of the B.N.S., 2023 and Sections 25(1-b)(a) and 26 of the Arms Act. The petitioner claimed innocence, alleging that the police fabricated evidence and that he was framed due to his prior criminal record. The State opposed bail, highlighting nine prior cases against the petitioner. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 317(5) of the B.N.S., 2023 and the Arms Act provisions.
Whether the petitioner’s prior criminal antecedents justify denial of bail.
Whether the evidence recovered (pistol and cartridges) was obtained in a lawful manner.

Legislation cited

Arms Act — s. 25(1-b)(a), 26
B.N.S., 2023 — s. 317(5)

Subjects

bail
Arms Act
B.N.S.
criminal antecedent
false implication
police procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75661 of 2025
                      Arising Out of PS. Case No.-159 Year-2025 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Sanjay Kumar @ Lala @ Lalwa @ Sanjay Mahto Son of Govind Mahto R/O
                 Village Basant Khurd, P.S.- Suppi, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rahul Kumar, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                  Heard Mr. Rahul Kumar, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Bajpatti P.S. Case No. 159 of 2025 registered for the offence

                   punishable under Section 317(5) of the B.N.S., 2023 and Sections

                   25(1-b)(a), 26 of the Arms Act.

                                3. The case of the prosecution in short is that one

                   suspected biker was intercepted and that he threw something in the

                   bushes. Later on, it was found that the bike was stolen one for

                   which Sikandarpur P.S. Case No. 27 of 2025 was registered. On

                   next day, from the bushes, a country made pistol with two live

                   cartridges were recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no
           Patna High Court CR. MISC. No.75661 of 2025(2) dt.12-01-2026
                                                       2/2




                     offence. He has been falsely implicated in this case. Learned

                     counsel for the petitioner submits that it is very strange that the

                     police have seen on the same day that the petitioner has threw

                     something in the bushes but the recovery was made on next day. It

                     has been submitted that it is clear case of plantation. It has further

                     been submitted that the petitioner has been framed in this case

                     only due to his criminal antecedents. Moreover, the petitioner is

                     languishing in judicial custody since 01.07.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of nine cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Sitamarhi in connection with Suppi P.S. Case

                     No. 159 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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