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Patna High Court

Dharmendra Rai @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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