Patna High Court
Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Sanjeev Kumar, was arrested in July 2025 for alleged possession of a country-made pistol, facing charges under Section 310(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that he was falsely implicated, that no incriminating material was recovered from his possession, and that his arrest was based merely on suspicion. The State opposed bail, citing the seriousness of the firearm offence. The Court considered the length of custody, the petitioner’s claim of innocence, and his prior criminal antecedent, and found no compelling reason to keep him detained. Consequently, the Court ordered his release on bail with a bond of Rs. 15,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illegal possession of a firearm under the Bharatiya Nyaya Sanhita and the Arms Act.
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)
Subjects
- bail
- illegal possession of firearm
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- suspicion
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91713 of 2025
Arising Out of PS. Case No.-176 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Sanjeev Kumar S/O Pramod Kumar Yadav @ Pramod Kumar @ Pramod
Prasad Yadav R/O Vill- Barhara, Ward No 25, P.S.- Gogri, Dist.- Khagaria,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, 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 Gogri
P.S. Case No. 176 of 2025, instituted for the offences punishable
under Section 310(4) 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 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
incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.91713 of 2025(2) dt.20-01-2026
2/2
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has been arrested only on the
basis of suspicion. The petitioner has got no concern with the
alleged recovery of arms. The petitioner is in custody since
10.07.2025 and has got one criminal antecedent in which he is
on bail. 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 Gogri P.S. Case No.
176 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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