Patna High Court
Dharmendra Rai @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
Dharmendra Rai was arrested in connection with a case alleging recovery of a country‑made loaded pistol from his possession, charged under Sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The petitioner pleaded innocence, contending that the case was fabricated, that there was no independent witness as required by Section 105 of the Bharatiya Nagrik Suraksha Sanhita, and that nothing was recovered from his conscious possession. He also highlighted his lack of prior criminal record and his custody since 11‑08‑2025. The State opposed bail. After considering the submissions, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, to the satisfaction of the Sub‑Divisional Judicial Magistrate. The bail application was allowed.
Issues considered
- Whether bail should be granted in a case of alleged illegal possession of a loaded firearm under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the prosecution complied with the mandatory requirement of Section 105 of the Bharatiya Nagrik Suraksha Sanhita regarding an independent witness on the seizure list.
- Whether the petitioner’s lack of criminal antecedents and the period of custody justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 105
- Bharatiya Nyaya Sanhita, 2023 — s. 317(4), 317(5)
Subjects
- bail
- illegal possession of firearm
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- Section 105
- seizure list
- independent witness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.104 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Dharmendra Rai @ Dharmendra Kumar, aged about 23 years, Male, S/o
Krishna Rai, R/o village- Terasiya, P.S.- Ganga Bridge, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sultanganj PS Case No.317 of 2025 dated 10.08.2025, instituted
for the offence punishable under Sections 317(4), 317(5) of the
Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-B)a, 26, 35
of the Arms Act.
3. The allegation is of recovery of one countrymade
loaded pistol with live cartridge from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
false and concocted case. Nothing has been recovered from his
conscious possession. There is no compliance of mandatory
Patna High Court CR. MISC. No.104 of 2026(2) dt.15-01-2026
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provision of Section 105 of the Bharatiya Nagrik Suraksha
Sanhita, 2023, as there is no independent witness on the seizure
list. Further it is submitted that the petitioner is in custody since
11.08.2025 having no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Sub-Divisional Judicial
Magistrate, Patna City, in Sultanganj PS Case No.317 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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