Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to strict conditions.
Summary
The petitioner, Sanjay Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 25(1‑B)(a), 25(1‑AA), 26(2) and 35 of the Arms Act concerning alleged arms possession at Flat No. 607, Agrahani Apartment. The prosecution’s case is based on the confessional statements of two arrested individuals who named the petitioner, although the flat does not belong to him and he claims no involvement. The petitioner argued he is a land broker with no criminal antecedent and that his name was inserted to pressure him. The State contended that the confessional statements implicate the petitioner. The High Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and several conditions including regular appearances before the trial court and police, and a prohibition on tampering with evidence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite being named in confessional statements.
- Whether mere mention in a confessional statement of arrested persons suffices to deny bail.
- Whether ownership of the flat where arms were seized is relevant to the bail decision.
Legislation cited
- Arms Act, 1959 — s. 25(1-AA), 25(1-B)(a), 26(2), 35
Subjects
- anticipatory bail
- Arms Act
- confessional statement
- Section 438 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89774 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- SAHPUR District- Patna
======================================================
Sanjay Kumar S/O Raja Ram R/O Mohalla- Rukanpura (Samta Vihar/ Adarsh
Vihar) P.S.- Rupaspur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate
For the State : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Shahpur P.S. Case No. 401 of 2025 registered
for the offence under Sections 25(1-B)(a), 25(1-AA), 26(2) and
35 of the Arms Act, lodged on 25.09.2025 by the informant,
Abhay Mandal.
3. As per the prosecution story, the informant alleged
that on secret information that repairs/sale purchase of arms are
being conducted at Flat No. 607 in Agrahani Apartment under
Danapur jurisdiction, it was raided. Awdhesh Kumar and Aman
Kumar were caught alongwith arms, they gave the name of this
petitioner alleging that he is in the business of land purchase and
he has also role in it, accordingly, the F.I.R..
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89774 of 2025(2) dt.28-01-2026
2/3
neither the flat belongs to him nor he has any concerned with
the arrested persons. Further, he has no criminal antecedent and
only because he is land broker, to pressurize, the name in the
F.I.R..
5. Learned APP opposes the prayer submitting that his
name has come in the confessional statement of the arrested
person.
6. Considering the submissions of the parties as also
the fact that recovery/seizure is from a flat which do not belong
to the petitioner. Two persons were arrested with the arms, in
their confessional statement, his name has cropped up, the
petitioner has undertaken to cooperate in the
investigation/appear in the trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Danapur, in connection with Shahpur P.S. Case No. 401 of
2025 subject to the following conditions:-
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.89774 of 2025(2) dt.28-01-2026
3/3
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…