Patna High Court
Sanjay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The Patna High Court considered a bail petition filed by Sanjay Chaudhary, who was charged under sections 25(1‑b)a and 26 of the Arms Act for allegedly possessing a pistol and five live cartridges seized from a road. The petitioner claimed innocence, argued that the seizure was improperly conducted as the police failed to comply with Section 105 of the BNSS, and highlighted that he had been in judicial custody since 30‑12‑2025. The State opposed bail, citing four prior criminal convictions. After hearing both sides, the court noted the procedural lapse in the seizure and the petitioner’s right to bail, and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Additional Chief Judicial Magistrate‑II, Jamui.
Issues considered
- Whether regular bail should be granted to an accused under sections 25(1‑b)a and 26 of the Arms Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process warrants bail.
- Whether the petitioner’s four prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑b)a, 26
- BNSS — s. 105
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105 BNSS
- criminal antecedents
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10420 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- CHANDRADIP District- Jamui
======================================================
Sanjay Chaudhary Son of Karu Chaudhary Resident of Village- Palsakhurd,
P.S.- Chandradip, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 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, 26
of the Arms Act.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol along with
five live cartridges was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. From perusal of
the seizure list, it appears that the seizure was made from the
road. The seizure list witnesses are police personnel and police
Patna High Court CR. MISC. No.10420 of 2026(2) dt.23-02-2026
2/2
has not followed Section 105 of BNSS while preparing the
seizure. Moreover, he is languishing in judicial custody since
30.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having four criminal antecedents.
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 released on bail in connection with
Chandradip P.S. Case No. 231 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 Additional Chief
Judicial Magistrate-II, Jamui.
(Ashok Kumar Pandey, J)
shubham/-
U T
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