Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41591 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- GHOSWARI District- Patna ====================================================== Sahil Kumar S/O Rajesh Kumar @ Rajesh Yadav Resident of ward No 7, Gosai Gaon, Hira Tola, Patna, Dhanak Dova, PS- Ghoaswari, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the State :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-06-2026 Heard Mr. Akash Raj, learned counsel for the petitioner and Mr. Mukesh Kumar Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.03.2026, in connection with Ghoswari P.S. Case No. 29 of 2026, F.I.R. dated 20.03.2026 registered for the offences punishable under Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

3. The case relates to recovery of arms and one mobile phone.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. From perusal of the F.I.R. as well as seizure list, it appears that nothing incriminating article has been recovered from the possession of the petitioner only

Patna High Court CR. MISC. No.41591 of 2026(2) dt.30-06-2026 2/3 one mobile phone was recovered from the possession of the petitioner and arms have been recovered from the possession of co-accused persons, namely, Kishore Kumar, Sonu Kumar and Alok Raj and apart from that two motorcycles was also recovered from the possession of co-accused persons. Learned cousnel for the petitioner further submits that the petitioner has been made accused merely on the ground that the petitioner was present with the other co-accused persons and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 21.03.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Ghoswari P.S. Case No. 29 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.41591 of 2026(2) dt.30-06-2026 3/3 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T