Sugandh Sharma @ Sugan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30662 of 2026 Arising Out of PS. Case No.-39 Year-2025 Thana- Phulaut District- Madhepura ====================================================== Sugandh Sharma @ Sugan Sharma S/o Late Jagdish Sharma R/o vill - Ajgaiba, P.S.- Fulout, Distt.- Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-05-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Fulout P.S. Case No. 39 of 2025 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per FIR, one country-made pistol along with four live cartridges recovered from the possession of one Navin Kumar Yadav and this petitioner along with others co-accused was found sitting with them. Allegations raised that petitioner along with other co-accused committed crime.

4. It is submitted by learned counsel appearing on behalf of the petitioner that present FIR was lodged purely for the recovery of arms. It is submitted that there is no allegation alleged through FIR and FIR was lodged under exclusive

Patna High Court CR. MISC. No.30662 of 2026(2) dt.12-05-2026 2/2 possession of arms. It is submitted that alleged recovery of arms was made from the possession of Navin Kumar Yadav. While concluding arguments, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as firearm not recovered from the physical possession of this petitioner, where other penal allegations as per BNS not appears available through FIR in issue with petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj, Madhepura/concerned Court, where the case is pending in connection with Fulout P.S. Case No. 39 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T