Patna High Court
Pintu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that pre‑arrest bail could not be granted to the petitioner given the gravity of the offences and the risk of interference with the investigation.
Summary
The petitioner, Pintu Sah, was implicated in a case registered under sections 61(2) and 111(3) of the Bihar Narcotic Substances Act and sections 25(1‑b)/a, 26 and 35 of the Arms Act. The prosecution alleged that, based on secret information, a raid recovered a large quantity of arms and ammunition and that a co‑accused, arrested at the scene, identified the petitioner as an associate. It was further alleged that the accused were planning to secure the release of another co‑accused, Keshav Singh, from police custody. The petitioner applied for pre‑arrest bail, fearing imminent arrest. The Court, after hearing counsel, considered the seriousness of the offences and the risk of tampering with evidence, and consequently rejected the petition for pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged possession of arms and narcotic substances and a conspiracy to release a co‑accused.
Legislation cited
- Arms Act — s. 25(1-b), 25(a), 26, 35
- Bihar Narcotic Substances Act — s. 111(3), 61(2)
Subjects
- pre‑arrest bail
- arms seizure
- narcotic substances
- criminal procedure
- Bihar Narcotic Substances Act
- Arms Act
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86537 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Pintu Sah Son of Sadan Sah @ Sadan Prasad Resident of Village - Bairiya,
P.S.- Kundwa Chainpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar , Advocate
For the Opposite Party/s : Mr. Narsingh Tanti , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 61 ( 2 ) and 111 (3) of
BNS and 25 (1-b)/a/26/35 of Arms Act.
3 . As per the prosecution case, on a secret
information , a raid was conducted and huge quantity of arms
and ammunition were recovered and one of the co-accused who
was apprehended on the spot, disclosed the name of this
Patna High Court CR. MISC. No.86537 of 2025(2) dt.07-01-2026
2/2
petitioner as one of his associates. It is further alleged that
accused persons planned to get the co-accused Keshav singh
released from the police custody .
4. Considering the nature of accusation and gravity of
offence , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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