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Patna High Court

Pawan Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to a bond of Rs. 10,000 and specified conditions.

Summary

Petitioner Pawan Kumar Sahni was arrested in connection with a case involving the alleged recovery of a country‑made loaded pistol and two live cartridges, alleged offences under Sections 25(1‑Ba) and 26 of the Arms Act. The petitioner claimed innocence, argued that the charge sheet had already been filed and that there was no risk of tampering with evidence, and pointed to his bail in five unrelated prior cases. The State opposed bail, emphasizing the seriousness of the arms offence and the recovery of the weapon. The court considered the custody period, the filing of the charge sheet, the absence of any indication that evidence would be tampered with, and the arguments of both sides. It ordered the petitioner’s release on bail of Rs. 10,000 with two sureties, subject to conditions regarding surety, cooperation with trial, non‑tampering, and future offences.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Sections 25(1‑Ba) and 26 of the Arms Act.
  • Whether there is a likelihood of tampering with evidence or witnesses that would justify denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • loaded firearm
  • evidence tampering
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89343 of 2025
                     Arising Out of PS. Case No.-172 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Pawan Kumar Sahni Son of Laxman Sahni @ Lachman Sahani R/o Vill. -
                 Kanhauli Mallik Tol Parsa, P.S. -Khajauli, Distt. - Madhubani.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Pandey, Adv.
                                                  Ms. Kumari Pallavi, Adv.
                 For the State                :   Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner seeks bail in connection with

                   Khajauli P.S. Case No. 172 of 2025 registered for the offences

                   punishable under Sections 25(1-B)a, 26 of the Arms Act.

                                  3. As per prosecution case, one country made loaded

                   pistol was recovered from the petitioner and upon unloading the

                   same, two live cartridges were also 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 the

                   case. Petitioner is in custody since 09.09.2025. Learned counsel

                   orally submits that charge sheet has been submitted in the case
Patna High Court CR. MISC. No.89343 of 2025(2) dt.13-01-2026
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          and there is no likelihood of tampering with the prosecution

          evidence. Learned counsel further submits that petitioner bears

          criminal antecedent of five cases which are not similar to the

          present case and petitioner is on bail in all the five cases. There

          is no compliance of Section 103 and 104 of BNSS.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail of the petitioner and submits that there is alleged

          recovery of one country made pistol and two live cartridges

          from the petitioner and hence, he does not deserve bail.

                       6. Considering the facts and circumstances of the

          case, period of custody, charge sheet has been submitted in the

          case and there is no likelihood of tampering with the

          prosecution evidence, 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. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Judicial Magistrate, 1st Class, Madhubani in connection

          with Khajauli P.S. Case No. 172 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
            Patna High Court CR. MISC. No.89343 of 2025(2) dt.13-01-2026
                                                        3/3




                      the affidavit in bail application.

                                      (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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