Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the petitioner had no prior record, the arrest lacked sufficient material evidence, and the period of custody was excessive.
Summary
The petitioner, Sahil Kumar, was arrested in connection with a case involving alleged possession of live cartridges and charged under Sections 310(4), 310(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed innocence, arguing that the arrest was based merely on suspicion, that no incriminating material was found in his conscious possession, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, contending the seriousness of the offences. The Court considered the length of custody since 27‑07‑2025, the absence of prior criminal record, and the lack of material linking the petitioner to the arms recovery. Weighing these factors, the Court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties of equal amount. The order directs the petitioner to be released upon furnishing the bail bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act given the nature of the offences.
- Whether the arrest and continued detention complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s lack of prior criminal antecedents and the period of custody warrant bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- presumption of innocence
- custodial interrogation
- Section 103
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91071 of 2025
Arising Out of PS. Case No.-779 Year-2025 Thana- DANAPUR District- Patna
======================================================
Sahil Kumar S/O Mukesh Thakur Resident of Mohalla- Dundi Bazar, P.S.-
Chauk Patna City, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Danapur P.S. Case No. 779 of 2025, instituted for the offences
punishable under Sections 310(4), 310(5), 61(2) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a),
26 and 35 of the Arms Act.
3. The prosecution case, in short, is that there is
recovery of three live cartridges from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.91071 of 2025(2) dt.20-01-2026
2/2
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has been arrested only on the
basis of suspicion. It is further submitted that the petitioner has
got no concern with the alleged recovery of arms. The petitioner
is in custody since 27.07.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Danapur P.S. Case
No. 779 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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