Created by Fuzzy Cloud

Patna High Court

Fulen SadaversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.