Patna High Court
Sanoj Kumar @ SanjuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner despite the serious nature of the offence and his antecedents.
Summary
The petitioner, Sanoj Kumar, 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 was recovered. He contended that he was falsely implicated, that no weapon was found in his conscious possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail, citing his seven prior criminal antecedents and the seriousness of the offence. The Court considered the length of his custody since 7 May 2025, the lack of direct possession of the weapon, and the procedural lapse, and decided to grant bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused under Sections 25(1‑b)a and 26 of the Arms Act when the weapon was not recovered from his possession.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
- Impact of the petitioner’s prior criminal antecedents on the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- criminal antecedents
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- loaded pistol
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88454 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- PRANPUR District- Katihar
======================================================
Sanoj Kumar @ Sanju Son of Jaykant Mandal Resident of Village- Dhanpara
(Dhanpada), P.S.- Pranpur, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Dhananjay, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pranpur
P.S. Case No. 89 of 2025 instituted for the offences under
Sections 25(1-b)a, 26 of the Arms Act.
3. As per the F.I.R., one loaded country-made pistol
has been recovered from the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
ammunitions. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.88454 of 2025(2) dt.12-01-2026
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that the petitioner is in custody since 07.05.2025 and has seven
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. 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 as also 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 Pranpur P.S. Case
No. 89 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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