CR. MISC./91071/2025 of Sahil Kumar Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91071 of 2025
Arising Out of PS. Case No.-779 Year-2025 Thana- DANAPUR District- Patna
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Sahil Kumar S/O Mukesh Thakur Resident of Mohalla- Dundi Bazar, P.S.-
Chauk Patna City, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Danapur P.S. Case No. 779 of 2025, instituted for the offences
punishable under Sections 310(4), 310(5), 61(2) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a),
26 and 35 of the Arms Act.
3. The prosecution case, in short, is that there is
recovery of three live cartridges from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.91071 of 2025(2) dt.20-01-2026
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incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that the petitioner has been arrested only on the
basis of suspicion. It is further submitted that the petitioner has
got no concern with the alleged recovery of arms. The petitioner
is in custody since 27.07.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Danapur P.S. Case
No. 779 of 2025.
Rajorshi/-
(Rudra Prakash Mishra, J)
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