Patna High Court
Pawan Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Arms Act — s. 25(1‑Ba), 26
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
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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
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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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