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Patna High Court

Shambhu SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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