Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: SOURENDRA PANDEY

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Sachin Kumar, was arrested in connection with a case registered under the Arms Act for alleged possession of a country-made pistol. He claimed he was falsely implicated, asserting that he was merely a passer‑by and no weapon was recovered from his possession. The State opposed his bail application. The High Court, after considering the circumstances, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, imposing conditions such as attendance before the trial court and verification of his criminal antecedents. The court emphasized that the bail order should not be delayed for verification and that any observations made would not affect the trial.

Issues considered

Whether bail should be granted to the petitioner accused under Sections 25(1‑b)a, 26 and 35 of the Arms Act
Whether the petitioner’s claim of false implication and lack of recovery of the weapon warrants bail

Legislation cited

Arms Act, 1959 — s. 25(1‑b)a, 26, 35

Subjects

bail
Arms Act
false implication
criminal procedure
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76213 of 2025
                      Arising Out of PS. Case No.-869 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Sachin Kumar Son of Sri Charan Paswan R/O Mohalla- Chero, P.S.- Sarmera,
                 District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinod Pandey, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   08-01-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Hajipur

                   Town P.S. Case No. 869 of 2025 registered for the offences

                   punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

                                3. As per the prosecution case, the informant has

                   alleged that one person was apprehended with countrymade

                   pistol.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated and no such recovery as

                   stated in the FIR has been made from his conscious possession.

                   It has next been submitted that the petitioner was a passer-by

                   and he has falsely been shown to have been carrying a katta.

                                5. The petitioner is in custody since 12.07.2025.
Patna High Court CR. MISC. No.76213 of 2025(2) dt.08-01-2026
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                       6. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Judicial Magistrate- 1st Class, Vaishali at Hajipur in

          connection with Hajipur Town P.S. Case No. 869 of 2025,

          subject to the following conditions:

                       (i) One of the bailors will be a close relative of the

          petitioner:

                       (ii) the petitioner will remain present on each and

          every date fixed by the trial court, if so required by the learned

          trial court:

                       (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioner

          will liable to be cancelled by the court concerned:

                       (iv) the court below shall verify the criminal

          antecedent of the petitioner and in case at any stage, it is found

          that the petitioner has concealed his criminal antecedent, the

          court below shall take step for cancellation of bail bonds of the

          petitioner. However, the acceptance of bail bonds in terms of the
            Patna High Court CR. MISC. No.76213 of 2025(2) dt.08-01-2026
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                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification;

                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T

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