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Patna High Court

Sonu Paswan @ Mithilesh PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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