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2026 DAILYLAW 31482 (PAT)

Sanjay Das v. The State of Bihar

CR. MISC./5836/2026 · 2026-01-28

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5836 of 2026 Arising Out of PS. Case No.-151 Year-2025 Thana- PRATAPGANJ District- Supaul ====================================================== Sanjay Das S/O Jharilal Das @ Jharilal Tanti R/O Vill.- Ram vishanpur, Ward no. 1, Tola- Turkahi , P.S.- Raghopur, Dist.- Supaul. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Pratapganj P.S. Case No. 151 of 2025 instituted for the offences under Sections 310(4), 310(5), 317(3), 317(4) of the Bharatiya Nyaya Sanhita, 2023 and 25(1-b)a, 26, 35 of the Arms Act. 3. Prosecution case, in short, is that, acting on secret information, police apprehended four accused at Chilam Chouk while they were allegedly planning a crime, whereas two co- accused persons fled away. During search, a country-made pistol, live and empty cartridges, mobile phones, and two motorcycles were recovered from the apprehended accused. 4. Learned counsel for the petitioner submitted that the Patna High Court CR. MISC. No.5836 of 2026(2) dt.28-01-2026 2/3 petitioner has falsely been implicated in the present case. Except mobile phone, no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and the motorcycles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.07.2025 and has one criminal antecedent. 5. Learned A.P.P. 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 as also 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 Pratapganj P.S. Case No. 151 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the Patna High Court CR. MISC. No.5836 of 2026(2) dt.28-01-2026 3/3 bail bonds of the petitioner. (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. Alok Verma/- (Rudra Prakash Mishra, J) U T