Patna High Court

Saroj Singh @ Saroj Kumar SinghversusThe State of Bihar

Decided: 3 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court denied bail to the petitioner.

Summary

Saroj Singh was arrested on 7 June 2025 in connection with FIR No. 113 of 2025 alleging possession of an AK‑47, magazines, cartridges, land documents and Panchayat stamps. The prosecution charged him under Sections 132, 109, 186, 317(5), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑A), 25(1‑B)(a), 26, 27 and 35 of the Arms Act. The petitioner claimed innocence, alleging that the FIR was fabricated and that the investigation violated Sections 103 and 105 of the BNSS and Rules 165(d)(e)(f) of the Bihar Police Manual. The State highlighted the recovery of the weapons and the petitioner’s twelve prior criminal antecedents and opposed bail. The High Court, after considering the seriousness of the offences, the evidence recovered and the procedural claims, declined to grant bail, refusing the petition.

Issues considered

Whether bail should be granted in a case involving alleged possession of illegal firearms and related offences.
Whether alleged non‑compliance with Sections 103 and 105 of the Bharatiya Nyay Sanhita and Rules 165(d)(e)(f) of the Bihar Police Manual warrants bail.
Impact of the petitioner’s prior criminal antecedents on the grant of bail.

Legislation cited

Arms Act — s. 25(1-A), 25(1-B)(a), 26, 27, 35
Bharatiya Nyay Sanhita, 2023 — s. 109, 132, 186, 317(5), 3(5)

Subjects

bail
illegal firearms
arms possession
procedural violation
Bharatiya Nyay Sanhita
Bihar Police Manual
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91405 of 2025
                     Arising Out of PS. Case No.-113 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Saroj Singh @ Saroj Kumar Singh S/O Tripurari Singh R/O Ward No. 10,
                 Sultanpur, P.S.- Mohiuddin Nagar, District- Samastipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhukar Anand, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   03-04-2026                     Heard Mr. Madhukar Anand, learned counsel for

                   the petitioner and Mr. Mohammed Arif, learned A.P.P. for the

                   State.

                                   2. The petitioner seeks bail, who is in custody since

                   07.06.2025 in connection with Mohiuddin Nagar P.S. Case No.

                   113 of 2025, FIR dated 06.06.2025 registered for the offence

                   under Sections 132, 109, 186, 317(5), 3(5) of the Bharatiya

                   Nyay Sanhita, 2023 and Sections 25(1-A), 25(1-B)(a), 26, 27

                   and 35 of Arms Act.

                                   3. According to the prosecution case, when the

                   informant on basis of secret information reached the place of

                   occurrence, she recovered AK-47 and 18 magazine from the

                   possession of the petitioner. It is also alleged that on further
Patna High Court CR. MISC. No.91405 of 2025(3) dt.03-04-2026
                                            2/3




          search, from the house of the petitioner 4 empty cartridges,

          documents relating to land and in a plastic box 15 stamps of

          Sarpanch belonging to different Panchayats were also found.

                          4. Learned counsel appearing for the petitioner

          submits that the petitioner is innocent and he has falsely been

          implicated in this case. He further submits that the allegation as

          alleged in the F.I.R. is false and fabricated and the petitioner has

          not committed any offences as alleged in the F.I.R and there is

          non-compliance of Section 103 and 105 of BNSS and apart

          from that Rule 165(d)(e) & (f) of Bihar Police Manual has not

          been complied and the petitioner is rotting in judicial custody

          since 07.06.2025.

                          5. Learned A.P.P. for the State, on the other hand,

          on the basis of material available on record and case diary has

          vehemently opposed the prayer for bail of the petitioner and

          submits that STF has recovered AK-47, 18 magazine, 4 empty

          cartridges, documents relating to land and in a plastic box 15

          stamps of Sarpanch belonging to different Panchayats from the

          possession of the petitioner and apart from that petitioner

          carried 12 criminal antecedents other than the present one.

                          6. Considering the facts and circumstances of the

          case, I am not inclined to enlarge the petitioner on bail in
            Patna High Court CR. MISC. No.91405 of 2025(3) dt.03-04-2026
                                                        3/3




                      connection with Mohiuddin Nagar P.S. Case No. 113 of 2025

                      pending in the Court of Sub-Divisional Judicial Magistrate,

                      Shahpur Patory, Samastipur.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

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