Patna High Court
Deepak Sahni @ Dipak SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the case was not deemed fit for such relief.
Summary
The petitioner, Deepak Sahni, applied for anticipatory bail fearing arrest in a case registered under Section 352 of the Bharatiya Nyaya Sanhita and Sections 25(1‑B)a and 26 of the Arms Act, where a looted pistol was allegedly recovered from his motorcycle. The prosecution alleged that the weapon was linked to the petitioner, while he claimed innocence and a clean record. The State opposed the bail, arguing the seriousness of the recovered firearm. The Patna High Court, after hearing both sides, held that the circumstances did not warrant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks to seek regular bail, failing which he would be arrested.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of a looted firearm under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
- Bharatiya Nyaya Sanhita — s. 352
Subjects
- anticipatory bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- firearm possession
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90978 of 2025
Arising Out of PS. Case No.-1101 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Deepak Sahni @ Dipak Sahani Son of Lakshman Sahni Resident of village -
Bathana, P.S.- Motipur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Ahiyapur P.S. Case No. 1101 of 2025 instituted under
Section 352 of the Bharatiya Nyaya Sanhita and Sections 25(1-
B)a, 26 of the Arms Act.
3. As per the prosecution case, a looted country made
pistol has been recovered from the motorcycle of the petitioner
which was left by him in the mall when he was chased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.90978 of 2025(2) dt.28-01-2026
2/2
6. Considering the recovery, this is not a fit case for
grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Muzaffarpur will take all steps for
arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Muzaffarpur through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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