Created by Fuzzy Cloud

Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.