Patna High Court
Naresh Kamat @ Naresh Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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