Patna High Court
Sonu Paswan @ Mithilesh PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Sonu Paswan, was arrested after a police raid on his house recovered a country-made pistol and a live cartridge. He applied for regular bail under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, contending that the seized items were not in his possession and that the seizure violated Section 105 of the BNSS. The prosecution opposed bail, highlighting the petitioner’s 12 prior criminal cases and his continued judicial custody since 2 June 2025. The court examined the facts, the alleged procedural lapse in seizure, and the petitioner’s right to bail. It granted bail on the condition that the petitioner cooperate with the trial, a near relative act as bailor, and a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑III, Dalsinghsarai.
Issues considered
- Whether regular bail can be granted to the accused in a case under the Arms Act despite alleged procedural irregularities in seizure and prior criminal antecedents.
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)(a), 26, 35
- BNSS Act — s. 105
Subjects
- bail
- Arms Act
- seizure
- Section 105
- judicial custody
- surety
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75726 of 2025
Arising Out of PS. Case No.-488 Year-2023 Thana- DALSINGHSARAI District- Samastipur
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Sonu Paswan @ Mithilesh Paswan S/o Shyam Paswan R/o village - Keota
Piparpati, Police Station - Dalsingsarai , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 25(1-b)(a),
26 and 35 of the Arms Act.
3. The case of the prosecution in short is that on the
disclosure of one Vikram Paswan, the house of this petitioner
was raided and from there one country made pistol and one live
cartridge were recovered.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of this
petitioner. The witnesses of the seizure list are police personnel
and police has not complied Section 105 of the BNSS while
making seizure. It has further been submitted that the petitioner
has been framed in this case due to his antecedent. The
Patna High Court CR. MISC. No.75726 of 2025(2) dt.12-01-2026
2/2
petitioner is having criminal antecedent of 12 cases. Learned
counsel for the petitioner has lastly submitted that the petitioner
is languishing in judicial custody since 02.06.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail of the petitioner.
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 with the condition that
the petitioner shall co-operate in the trial and one of the bailors
shall be near relative of the petitioner. The above named
petitioner is directed to be released on bail in connection with
Dalsinghsarai P.S. Case No. 488 of 2023 on furnishing bail bond
of Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-III, Dalsinghsarai, Samastipur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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