Created by Fuzzy Cloud

Patna High Court

Naresh Kamat @ Naresh Kumar KamatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court enlarges the petitioner on bail.

Summary

Naresh Kamat was arrested in connection with a case registered under Sections 25(1‑B)(a) and 26 of the Arms Act after a pistol, two live cartridges and a mobile phone were recovered from a location linked to him. The petitioner contended that nothing was seized from his possession, that the police failed to comply with Section 105 of the B.N.S.S. during the seizure, and that he was falsely implicated, having been in judicial custody since 11 September 2025. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the Court considered the procedural lapse and the lack of direct evidence against the petitioner, and decided to grant bail on a bond of Rs. 10,000 with two sureties. The order directs the petitioner to be released on bail pending further trial.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 25(1‑B)(a) and 26 of the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10536 of 2026
                    Arising Out of PS. Case No.-307 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Naresh Kamat @ Naresh Kumar Kamat Son of Sri Surya Dev Kmat Resident
                 of Village - Parwa, Ward No. 09, P.S. - Jaynagar, District - Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md Soban Asghar. Advocate
                 For the Opposite Party/s :      Mr.Chandra Bhushan 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 bail in connection

                   with Jainagar P.S. Case No.307 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, two

                   live cartridges and a mobile were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He has no concern with the alleged recovery. Nothing has

                   been recovered from his possession. The seizure list witnesses
             Patna High Court CR. MISC. No.10536 of 2026(2) dt.23-02-2026
                                                         2/2




                       are police personnel. Police has not complied Section 105 of the

                       B.N.S.S. while making the seizure. Petitioner is languishing in

                       judicial custody since 11.09.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of three cases.

                                    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 learned C.J.M.,

                       Madhubani in connection with Jainagar P.S. Case No. 307 of

                       2025.


                                                        (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.