Patna High Court
Shambhu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and surety conditions.
Summary
Shambhu Sah was arrested in connection with a case involving the alleged possession of a country-made pistol and live cartridges, and charged under Sections 310(4), 310(5), 112(2), 317(5) 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 no incriminating material was found in his possession and that his arrest was based merely on suspicion, despite having six prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail, citing the seriousness of the offences and the arms recovery. The Court, after considering the custody period and the circumstances, decided to grant bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict appearance conditions. The bail order was conditioned on the petitioner’s compliance with future court dates, with the possibility of cancellation upon default.
Issues considered
- Whether bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s prior criminal antecedents and the recovery of arms preclude bail.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 310(4), 310(5), 317(5)
Subjects
- bail
- criminal procedure
- arms possession
- serious offences
- presumption of innocence
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91117 of 2025
Arising Out of PS. Case No.-397 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Shambhu Sah S/o Late Mishree Lal Sah R/o Jharkaha, Garha, Rampur, P.S.-
Shankarpur, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Bharat Lal, 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
Triveniganj P.S. Case No. 397 of 2025, instituted for the
offences punishable under Sections 310(4), 310(5), 112(2),
317(5) 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 one country made pistol and two live cartridges in
this case. The petitioner along with other co-accused person has
been arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.91117 of 2025(2) dt.20-01-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submits that the petitioner has got no concern
with the alleged recovery of arms. It is further submitted that the
petitioner has been arrested only on the basis of suspicion. The
petitioner is in custody since 29.07.2025 and has got six
criminal antecedents. 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 after framing
of charge, if not already framed, 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 Triveniganj P.S. Case No. 397 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.91117 of 2025(2) dt.20-01-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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