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Pawan Thakur Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Pawan Thakur Vs The State of BiharPawan Thakur v. The State of Bihar

Allowed¶20

Pawan Thakur v. The State of Bihar

Regular bail granted – Arms Act, Sections 25(1-B)(a) and 26

Patna HC8 Aug 2025CR. MISC./47701/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.47701 of 2025, decided 08-08-2025 by Justice Ramesh Chand Malviya: regular bail allowed to Pawan Thakur in Shambhuganj P.S. Case No. 325 of 2024 (District Banka) under Sections 25(1-B)(a) and 26 of the Arms Act; FIR alleged recovery of one country-made pistol and five live cartridges; petitioner in custody since 17.11.2024 (about nine months) with clean antecedents; bail bonds of Rs. 10,000 with two sureties of like amount each before the Chief Judicial Magistrate, Banka; APP for the State had opposed the prayer; impugned order dated 22.04.2025.

What did the court decide?

Release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 325 of 2024.

Why is it important?

Though the alleged recovery was made from the petitioner's possession, he had been in custody since 17.11.2024, i.e. approximately nine months, and possesses clean antecedents; the period of custody and the materials on record were considered. ¶20

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 325 of 2024.

Issue for consideration

Whether the petitioner, in custody since 17.11.2024 in Sambhuganj P.S. Case No. 325 of 2024 (Sections 25(1-B)(a) and 26, Arms Act), should be released on regular bail.

Court's answer

Though the alleged recovery was made from the petitioner's possession, he had been in custody since 17.11.2024, i.e. approximately nine months, and possesses clean antecedents; the period of custody and the materials on record were considered.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 325 of 2024.

Detailed headnote1 paragraphs

Regular bail granted — Arms Act, Sections 25(1-B)(a) and 26 — alleged recovery of one country-made pistol and five live cartridges from the petitioner's possession (Sambhuganj P.S. Case No. 325 of 2024, District Banka) — petitioner in judicial custody since 17.11.2024, i.e. approximately nine months, with clean antecedents — bail allowed on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka (Ramesh Chand Malviya, J., 08-08-2025).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47701 of 2025

Arising Out of PS. Case No.-325 Year-2024 Thana- SHAMBHUGANJ District- Banka

======================================================

Pawan Thakur S/o Tunni Thakur Resident of Village-Bardo Tola Rahmatpur Dhongola, P.O and P.S-Asarganj, District-Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Pandey, Adv For the Opposite Party/s : Mr.Rajiv Nayan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 08-08-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Sambhuganj P.S Case No. 325 of 2024 registered for the offences punishable under Sections 25(1-B)a and 26 Arms Act.

As per allegation in the FIR, one country made pistol and five live cartridge have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner’s name has been figured due to village politics. He further submits that nothing has been recovered from the conscious possession of the petitioner. It is also

Patna High Court CR. MISC. No.47701 of 2025(2) dt.08-08-2025 2/2

submitted that petitioner is in judicial custody since 17.11.2024 having clean antecedent as mentioned in paragraph no. 3 of the bail petition.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR and impugned order dated 22.04.2025, it appears that though the alleged recovered was made from the possession of the petitioner but he his in custody since 17.11.2024 i.e. approximately nine months and possesses clean antecedent. So, considering the period of custody and also the materials available on record and considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 325 of 2024.

(Ramesh Chand Malviya, J)

Sunnykr/-

U

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, in custody since 17.11.2024 in Sambhuganj P.S. Case No. 325 of 2024 (Sections 25(1-B)(a) and 26, Arms Act), should be released on regular bail.¶19
The court held
Though the alleged recovery was made from the petitioner's possession, he had been in custody since 17.11.2024, i.e. approximately nine months, and possesses clean antecedents; the period of custody and the materials on record were considered.ratio¶20

Statutes considered

2 provisions across 1 enactments

AI extract

Arms Act25(1-B)(a)¶14 26¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
Impugned order dated 22.04.2025, perused by the High Court along with the FIR while deciding the regular bail prayer; the forum and nature of the order are not stated in the judgment.¶20
22.04.2025
Prior proceeding
Registration of Sambhuganj P.S. Case No. 325 of 2024 for offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.¶14
Prior proceeding
As per the FIR, alleged recovery of one country-made pistol and five live cartridges from the possession of the petitioner.¶15
Prior proceeding
Petitioner in judicial custody since 17.11.2024, with clean antecedents stated in paragraph 3 of the bail petition.¶18

Parties & counsel

AI extract

petitioner
Pawan Thakur¶4
Sanjay Kumar Pandey
respondent
The State of Bihar¶7
Rajiv Nayan

Coram

AI extract

Ramesh Chand Malviyaauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Aug 2025 · August
Registered: 9 Jul 2025
Case no.: CR. MISC./47701/2025
CNR: BRHC010625852025
Bench: Ramesh Chand Malviya
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Pawan Thakur v. The State of Bihar, CR. MISC./47701/2025 (PAT), decided on 8 August 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Arms Act25(1-B)(a) · 26

View all statutes

Procedural history4

Impugned order dated 22.04.2025, perused by the High Court along with the FIR while deciding the regular bail prayer; the forum and nature of the order are not stated in the judgment.22.04.2025
Registration of Sambhuganj P.S. Case No. 325 of 2024 for offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.
As per the FIR, alleged recovery of one country-made pistol and five live cartridges from the possession of the petitioner.

View full history

Bench / Coram

Ramesh Chand Malviya

Parties & counsel