Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Sanni Kumar, was arrested in connection with a case under Sections 25(1‑B)a and 26 of the Arms Act for allegedly possessing a country‑made pistol and a live cartridge. He claimed innocence, asserting that nothing was recovered from his conscious possession and that he was falsely implicated, despite having a prior criminal antecedent. The petitioner had been in judicial custody since 23‑08‑2025 and sought regular bail. The State opposed the bail application. After hearing both sides, the Court considered the facts and circumstances and decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act despite the seriousness of the alleged offence and his prior criminal antecedent
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26
Subjects
- bail
- Arms Act
- illegal possession
- firearm
- criminal procedure
- regular bail
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88705 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Sanni Kumar S/o Shiv Narayan Sahni @ Shiv Nath Sahni R/o Village-
Mirzapur, PS- Tajpur, District- Samastpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
Ms. Rani Shashi Bharti, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-B)a,
26 of the Arms Act.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol along with
one live cartridge was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from his conscious possession. He has been falsely
implicated in this case. He is having criminal antecedent of one
Patna High Court CR. MISC. No.88705 of 2025(2) dt.06-01-2026
2/2
case. Moreover, the petitioner is languishing in judicial custody
since 23.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Tajpur P.S. Case No. 141 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-1st, Samastipur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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