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Patna High Court

Ganesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Ganesh Rai was arrested in connection with a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a pistol was recovered from a motorcycle near Barharwa village. The petitioner contended that he was falsely implicated, that no weapon was found in his personal possession and that the seizure list was prepared in violation of Section 105 of the Bhartiya Nagrik Suraksha Sanhita, 2023 because the search was not conducted before independent witnesses or recorded. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s ten pending criminal cases. The Court, after considering the submissions, granted regular bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, regular appearance before the SHO, and restrictions on tampering with evidence. The bail order was conditioned on the bailors being close relatives and required an affidavit to inform the court of any similar accusations thereafter. The application was therefore allowed.

Issues considered

  • Whether regular bail should be granted to an accused under the Arms Act for alleged possession of an illegal firearm.
  • Whether a violation of Section 105 of the Bhartiya Nagrik Suraksha Sanhita, 2023, regarding the manner of seizure, bars the grant of bail.
  • Whether the existence of multiple pending criminal cases against the petitioner precludes bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • criminal procedure
  • regular bail
  • pending cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11432 of 2026
                        Arising Out of PS. Case No.-311 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Ganesh Rai Son of Shyam Kishor Rai Resident of village - Jamala Mandal,
                 P.S.- Suppi, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh, Advocate
                                                   Mrs. Divya Bharti, Advocate
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   26-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in Suppi P.S. Case

                   No. 311 of 2025 dated 29-10-2025 registered under Sections

                   25(1-B)(a), 26 and 35 of the Arms Act.

                                 3. The prosecution case, in short, is that on

                   29-10-2025, acting on a tip-off, the police proceeded to the

                   vicinity of village Barharwa, where two persons riding a

                   motorcycle tried to run away on seeing the police party. It is

                   further alleged that petitioner was apprehended while the other

                   person managed to run away. A loaded country-made pistol was

                   recovered from under the seat of a Glamour motorcycle bearing

                   registration number BR 30S 5458.
Patna High Court CR. MISC. No.11432 of 2026(2) dt.26-02-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. It is further submitted that no incriminating article has

          been recovered from the conscious possession of the petitioner.

          The learned counsel further submits that the seizure list was

          prepared by the informant in gross violation of the provisions of

          Section 105 of the Bhartiya Nagrik Suraksha Sanhita, 2023 as

          the search was neither conducted in the presence of independent

          witnesses nor recorded via audio-video means. Lastly, it is

          submitted that the petitioner has been in judicial custody since

          30-10-2025 and has ten criminal cases pending against him.

                       5. On the other hand, learned Additional Public

          Prosecutor for the State 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 learned Judicial Magistrate 1st

          class Sitamarhi, in connection with Suppi P.S. Case No. 311 of

          2025, subject to the following conditions: (i) that the petitioner

          shall co-operate in the trial and shall be properly represented on

          each and every date fixed by the Court and on his absence on
           Patna High Court CR. MISC. No.11432 of 2026(2) dt.26-02-2026
                                                       3/3




                     two consecutive dates without sufficient reason, his bail bond

                     shall be cancelled by the court below, (ii) that one of the bailors

                     will be his own blood relation, preferably father, mother,

                     brother, sister and or his wife, (iii) that the bailor shall also state

                     on affidavit that he will inform the court concerned if the

                     petitioner is made accused in any other case of similar nature

                     after his release in the present case and thereafter the court

                     below will be at liberty to initiate the proceeding for

                     cancellation of bail on ground of misuse (iv) that if the

                     petitioner tampers with the evidence or the witnesses, in that

                     case, the prosecution will be at liberty to move for cancellation

                     of bail and (v) that the petitioner will appear before the SHO of

                     concerned PS in the first week of each month till conclusion of

                     the trial.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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