Allowed¶18

Fulen Sada v. The State of Bihar

Bail granted – Arms Act

Patna HC9 Jan 2026CR. MISC./87726/2025

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Case brief

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What is this about?

Fulen Sada bail application; Beldaur P.S. Case No. 21 of 2025; District Khagaria; Arms Act Sections 25(1-B)(a) and 26; loaded country-made pistol; live cartridge; Section 103 BNSS argument; custody since 25.01.2025; charge sheet submitted; charge framed, no witness examined; bail bond Rs. 25,000/- with two sureties; Patna High Court CRIMINAL MISCELLANEOUS No.87726 of 2025; Honourable Mr. Justice Alok Kumar Pandey; decided 09-01-2026.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria, in connection with Beldaur P.S. Case No. 21 of 2025, subject to four conditions (related bailor; trial attendance; no tampering; no similar offences). ¶18

Fulen Sada Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner Fulen Sada, arrested with a loaded country-made pistol and a live cartridge in Beldaur P.S. Case No. 21 of 2025 (Arms Act Sections 25(1-B)(a), 26), should be released on bail.

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Court's answer

Considering the facts and circumstances, period of custody, clean antecedents, arguments of both sides and material on record, the petitioner is released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each.

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Ratio / Principle

Bail condition (i): one of the bailors must be the petitioner's father, mother, sister, brother, wife, or the person who swore the affidavit in the bail application.

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Key takeaways

Bail condition (ii): petitioner must co-operate in trial and remain present on all dates; absence on two consecutive dates without appropriate permission is a ground for cancellation of bail by the learned Trial Court itself.ratio¶21
Bail condition (iii): if the petitioner tampers with evidence or witnesses, the prosecution will be at liberty to move for cancellation of bail.ratio¶22
Bail condition (iv): if the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

Detailed headnote1 paragraphs

Bail granted — Arms Act — Recovery of one loaded country-made pistol and, on unloading, one live cartridge from the petitioner in Beldaur P.S. Case No. 21 of 2025 (Sections 25(1-B)(a), 26, Arms Act) — Petitioner in custody since 25.01.2025, no criminal antecedent, charge sheet submitted, charge framed but no prosecution witness examined — Counsel for petitioner argued the mandatory provision of Section 103 of BNSS was not followed — Court, considering period of custody and clean antecedents, released petitioner on bail bond of Rs. 25,000/- with two like sureties to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria, imposing conditions: related bailor, attendance in trial (two consecutive absences a cancellation ground), no tampering with evidence/witnesses, and no involvement in similar offences.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87726 of 2025

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Arising Out of PS. Case No.-21 Year-2025 Thana- BELDOUR District- Khagaria

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

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Fulen Sada S/O Ram Sada Resident Of Village - Sakrohar, P.S- Beldaur, DistKhagaria

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar For the Opposite Party/s : Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 09-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Beldaur P.S. Case No. 21 of 2025 registered for the offences punishable under Sections 25(1-B)(a), 26 of the Arms Act.

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As per prosecution case, one loaded country made pistol was recovered from the petitioner and upon unloading the same, one live cartridge was recovered.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is in custody since 25.01.2025 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the

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Patna High Court CR. MISC. No.87726 of 2025(2) dt.09-01-2026 2/3

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prosecution evidence. He further submits that mandatory provision of Section 103 of BNSS has not been followed. Learned counsel further submits that charge has already been framed but not a single witness has been examined on behalf of the prosecution as yet.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that one loaded country made pistol was recovered from the petitioner and hence, he does not deserve bail.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No. 21 of 2025, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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Patna High Court CR. MISC. No.87726 of 2025(2) dt.09-01-2026 3/3

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

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(Alok Kumar Pandey, J)

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shahzad/-

Fulen Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Fulen Sada v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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