Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered the release of the petitioner on regular bail, finding that the procedural deficiencies and lack of concrete evidence warranted bail.
Summary
Kundan Kumar was arrested in connection with a case registered under sections 25(1‑B)(a) and 26 of the Arms Act for allegedly possessing a country‑made pistol. The petitioner contended that he was falsely implicated, that the pistol was not found in his conscious possession, and that the police had not complied with Section 105 of the Bihar Police Rules while making the seizure. He had been in judicial custody since 14 September 2025 and had no prior criminal record. The State opposed the bail application. Considering the lack of clear evidence of possession and the procedural lapse in seizure, the Court granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under sections 25(1‑B)(a) and 26 of the Arms Act when the seizure of the alleged weapon may not have complied with statutory procedure
- Whether the absence of evidence of conscious possession and the petitioner’s clean antecedent justify regular bail
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26
Subjects
- bail
- Arms Act
- illegal firearm
- seizure procedure
- police
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1635 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Kundan Kumar S/O Late Mahanand Yadav R/O Vill.- Bhairwa, Ward no. 12,
P.S.- Pratapganj, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25 (1-B)a
and 26 of the Arms Act.
3. The case of the prosecution, in short, is that one
country made pistol was recovered from the possession of this
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. It is further submitted that all the seizure list
witnesses are police personnel and that the police have not
followed the provisions of Section 105 of the BNS while
Patna High Court CR. MISC. No.1635 of 2026(2) dt.31-01-2026
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making the seizure. Moreover, the petitioner is languishing in
judicial custody since 14.09.2025 having no criminal
antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Pratapganj P.S. Case No. 190 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub Divisional Judicial Magistrate, Birpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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