Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Saurabh Kumar, was arrested in connection with a case (Sangrampur PS Case No.251 of 2025) alleging offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a loaded pistol was recovered from a co‑accused, Vikash Kumar. The petitioner contended that no arms were found in his possession, he had no criminal antecedent, and that the investigation had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the arms offences. Considering the lack of incriminating material against the petitioner, his custody since 27‑06‑2025, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner charged under the Arms Act in view of the facts and procedural compliance.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- loaded pistol
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85900 of 2025
Arising Out of PS. Case No.-251 Year-2025 Thana- SANGRAMPUR District- East
Champaran
======================================================
Saurabh Kumar S/O Rajdeo Ram Resident of Dipau Mod, Ward No.3, P.S.-
Kotwa @ Katwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sangrampur P.S. Case No. 251 of 2025, instituted for the
offences punishable under Sections 25(1-B)(a), 26 and 35 of the
Arms Act.
3. The prosecution case, in short, is that there is
recovery of one loaded pistol from the possession of co-accused
person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.85900 of 2025(2) dt.13-01-2026
2/2
the petitioner also submits that no recovery of arms have been
made from the possession of the petitioner rather the same has
been recovered from the possession of co-accused, namely,
Vikash Kumar. It is further submitted that the petitioner has got
no concern with the alleged recovery of arms. The petitioner is
in custody since 27.06.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sangrampur P.S.
Case No. 251 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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