Patna High Court
Ganesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 105
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
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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
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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/-
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