Patna High Court
Fulen SadaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Fulen Sada, was arrested in connection with a case under Sections 25(1‑B)(a) and 26 of the Arms Act after a loaded country‑made pistol and a live cartridge were recovered from him. He claimed innocence, no prior criminal record, and argued that the mandatory provisions of Section 103 of the BNSS were not complied. The State opposed bail, emphasizing the recovery of the loaded firearm. The High Court considered the petitioner’s clean antecedent, the fact that the charge sheet had been filed, and the absence of any prosecution witnesses examined. It ordered the release of the petitioner on bail of Rs. 25,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering of evidence, and future offences. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑B)(a) and 26 of the Arms Act.
- Whether the mandatory provisions of Section 103 of the BNSS were complied with.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing similar offences.
Legislation cited
Subjects
- bail
- Arms Act
- Section 25(1‑B)(a)
- Section 26
- Section 103 BNSS
- loaded firearm
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87726 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Fulen Sada S/O Ram Sada Resident Of Village - Sakrohar, P.S- Beldaur, Dist-
Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Beldaur P.S. Case No. 21 of 2025 registered for the offences
punishable under Sections 25(1-B)(a), 26 of the Arms Act.
3. As per prosecution case, one loaded country made
pistol was recovered from the petitioner and upon unloading the
same, one live cartridge was recovered.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence
as alleged in the FIR and he has falsely been implicated in this
case. Petitioner is in custody since 25.01.2025 and bears no
criminal antecedent. Charge sheet has been submitted in the
case and there is no likelihood of tampering with the
Patna High Court CR. MISC. No.87726 of 2025(2) dt.09-01-2026
2/3
prosecution evidence. He further submits that mandatory
provision of Section 103 of BNSS has not been followed.
Learned counsel further submits that charge has already been
framed but not a single witness has been examined on behalf of
the prosecution as yet.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner and submits that one loaded country
made pistol was recovered from the petitioner and hence, he
does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, keeping in view clean antecedent of
petitioner, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Khagaria in connection with
Beldaur P.S. Case No. 21 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
Patna High Court CR. MISC. No.87726 of 2025(2) dt.09-01-2026
3/3
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
shahzad/-
U T
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