Patna High Court

Saurabh Kumar @ Saurav ThakurversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: RAMESH CHAND MALVIYA

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Saurabh Kumar, was arrested in August 2024 for alleged possession of a country‑made pistol and live cartridges under Sections 25(1‑b)a, 26 and 35 of the Arms Act, based on information from a police informant. He had previously applied for bail, which was denied by the High Court, with a direction that he could renew the application after completing one year in custody before the trial court. Counsel for the petitioner argued that he was innocent, falsely implicated due to local politics, and that the evidence was limited to a few witnesses. The State opposed bail, citing the seriousness of the offence. Considering the elapsed custody period, the prior denial, and the petitioner's arguments, the Court inclined to grant bail, ordering release on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner charged under the Arms Act after a prior denial and more than one year of pre‑trial custody.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35

Subjects

bail
Arms Act
illegal possession of firearm
pre‑trial detention
political victimisation
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91021 of 2025
                        Arising Out of PS. Case No.-114 Year-2024 Thana- Lakho District- Begusarai
                 ======================================================
                 Saurabh Kumar @ Saurav Thakur, aged about 38 years, Male, Son of Ashok
                 Thakur @ Ashok Kumar Thakur, Resident of Village- Shahpur, P.S.- Lakho,
                 District- Begusarai.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   09-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner is in custody in a case registered for an

                   offence punishable under Sections 25(1-b)a/26/35 of Arms Act.

                                3. Earlier the prayer for bail of this petitioner was

                   rejected by this Court passed in Cr. Misc. No. 19493 of 2025

                   vide order dated 16.04.2025 with an observation that he may

                   renew his prayed for bail after completion of one year in

                   custody before the Trial Court.

                                4. As per allegation in the FIR, informant, namely,

                   Madan Kumar Singh, A.S.I. of Lakho P.S. got a secret

                   information regarding transportation of a country made pistol on

                   a motorcycle while on patroling duty and after which, they

                   allegedly intercepted the motorcycle being ridden by the
Patna High Court CR. MISC. No.91021 of 2025(2) dt.09-01-2026
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          petitioner and recovered one country made pistol with two live

          cartridges from his possession.

                       5. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case due to local village politics and previous enmity. He

          submits that petitioner was only passer by and the police

          arrested this petitioner merely on the basis of suspicion. He

          further submits that altogether four witnesses have been

          examined and examination of three witnesses are still pending

          in this case. Petitioner is in custody since 18.08.2024.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       7. Considering all the aspects of the case and

          submissions of learned counsel for the petitioner that this is the

          second attempt for bail, earlier the prayer for bail of this

          petitioner was rejected by this Court passed in Cr. Misc. No.

          19493 of 2025 vide order dated 16.04.2025 and the petitioner is

          at liberty to renew his prayer for bail after completion of one

          year in custody before the Trial Court, so considering all these

          aspects of the case and submission of learned counsel for the

          petitioner, I am inclined to grant bail to the petitioner.

                       8. Accordingly the prayer for bail of the petitioner is
            Patna High Court CR. MISC. No.91021 of 2025(2) dt.09-01-2026
                                                        3/3




                      allowed. Let the petitioner above named be released on bail on

                      furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Judicial     Magistrate-1st,        Class-cum-Additional   Magistrate,

                      Begusarai in connection with Lakho P.S. Case No. 114 of 2024.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T

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