Sahil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sahil Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender in the Court below within four weeks; on arrest or surrender in connection with Tandwa P.S. Case No. 115 of 2025, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, Bihar, subject to conditions under section 482(2) of B.N.S.S.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Tandwa P.S. Case No. 115 of 2025 instituted for the offence under Sections 25(1-B) and 26 of the Arms Act.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances stated, this Court is inclined to enlarge the petitioner on bail in connection with Tandwa P.S. Case No. 115 of 2025.

Ratio / Principle

The petitioner is directed to surrender in the Court below within four weeks; in the event of his arrest or surrender in connection with Tandwa P.S. Case No. 115 of 2025, he will be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, Bihar, subject to the conditions laid down under section 482(2) of B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner Sahil Kumar apprehended arrest in Tandwa P.S. Case No. 115 of 2025 (Thana Tandwa, Distt. Aurangabad), instituted for the offence under Sections 25(1-B) and 26 of the Arms Act. Prosecution case: one country made pistol and one live cartridges were recovered from the possession of co-accused Mithun. Petitioner's counsel submitted that nothing was recovered from the petitioner; co-accused Mithun Kumar had already been granted bail by this Court vide Cr. Misc. No. 84663 of 2025; a similarly situated co-accused had been granted anticipatory bail by a co-ordinate Bench vide Cr. Misc. No. 34777 of 2026; and the petitioner had no criminal antecedent (para-3 of the petition). The State opposed. The Court enlarged the petitioner on bail: surrender within four weeks, and on arrest or surrender in connection with the said case, release on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, Bihar, subject to the conditions laid down under section 482(2) of B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31894 of 2026

Arising Out of PS. Case No.-115 Year-2025 Thana- TANDWA District- Aurangabad

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

Sahil Kumar S/o Arvind Singh @ Arvind Chandravanshi R/o vill - Ram Nagar, P.s.- Tandwa, Distt.- Aurangabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 22-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tandwa P.S. Case No. 115 of 2025 instituted for the offence under Sections 25(1-B) and 26 of the Arms Act.

The case of the prosecution is that from the possession of one Mithun, one country made pistol and one live cartridges were recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the possession of this petitioner rather the recovery has been made from the possession of co-accused Mithun Kumar and he has already been granted

Patna High Court CR. MISC. No.31894 of 2026(2) dt.22-06-2026 2/2

bail by this court vide Cr. Misc. No. 84663 of 2025. Learned counsel has further submitted that similarly situated other coaccused person has already been granted anticipatory bail by learned co-ordinate Bench of this Court vide Cr. Misc. No. 34777 of 2026. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tandwa P.S. Case No. 115 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, Bihar subject to the conditions as laid down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J)

Shubham/-

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