Patna High Court
Ram Pukar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing a bond of Rs 10,000 with two sureties.
Summary
Ram Pukar Sah applied for bail in a case registered under Sections 25(1‑B)a and 26 of the Arms Act, where the prosecution alleged that a pistol and four live cartridges were recovered from his possession. The petitioner contended that nothing was seized from him and that the police failed to comply with Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 13‑10‑2025. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The bail order was directed to be executed by the Judicial Magistrate‑1st Class, Birpur.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑B)a and 26 of the Arms Act.
- Whether the seizure of the alleged weapon and cartridges complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of prior criminal antecedents and the period of judicial custody justify the grant of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17838 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- Dagmara District- Supaul
======================================================
Ram Pukar Sah S/o Late Adhiklal Sah R/o Village - Lalitpur Brahmpur, Ward
No. 7, P.S - Pato, District - Saptari (Nepal)
... ... 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. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dagmara P.S. Case No.76 of 2025 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 from
the possession of this petitioner one country made pistol and
four live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has bene recovered from
the possession of this petitioner. Learned counsel for the
petitioner has submitted that the witnesses of the seizure list
Patna High Court CR. MISC. No.17838 of 2026(2) dt.24-03-2026
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are police personnel and police has not complied Section 105
of the BNSS while making seizure. Learned counsel for the
petitioner has further submitted that the petitioner is having
no criminal antecedent and he is in judicial custody since
13.10.2025.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of
learned J.M.- 1st Class, Birpur in connection with Dagmara
P.S. Case No.76 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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