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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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