Patna High Court

Moti Kumar @ Moti PaswanversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.

Summary

Moti Kumar petitioned for bail in a case registered as Jairampur P.S. Case No. 72 of 2025, alleging offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a and 26 of the Arms Act. The prosecution claimed that a stolen blue scooter and a country‑made single‑barrel gun were recovered from the petitioner’s premises, while the petitioner’s counsel argued that neither item was in his actual possession and that the seizure violated Section 105 of the BNSS. The petitioner has been in judicial custody since 15 September 2025 and the State opposed bail on the ground of two prior criminal cases. After hearing both sides, the court found the procedural lapses in the seizure and the lack of direct possession sufficient to grant bail, subject to a bond of Rs.10,000 and two sureties. The bail order was issued by Justice Ashok Kumar Pandey.

Issues considered

Whether the petitioner is entitled to bail despite alleged possession of stolen property and illegal arms.
Whether the seizure of the scooter and gun complied with Section 105 of the Bihar Narcotic Substances Act.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Arms Act — s. 25(1-b)a, 26
Bihar Narcotic Substances Act — s. 105, 317(5)

Subjects

bail
criminal procedure
arms act
narcotic substances act
seizure
possession
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11934 of 2026
                    Arising Out of PS. Case No.-72 Year-2025 Thana- JAYRAMPUR District- Sheikhpura
                 ======================================================
                 Moti Kumar @ Moti Paswan Son of Awadh Paswan Resident of Village -
                 Ukhdi, P.S.- Jairampur, District – Sheikhpura ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Raj, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Jairampur P.S. Case No.72 of 2025 registered for the offence

                   punishable under Section 317(5) of the BNS and under Sections

                   25(1-b)a and 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   informant received an information that the petitioner has kept a

                   stolen blue coloured scooty at his house and has also kept illegal

                   arms and on seizure being made, a scooty before the door of the

                   petitioner was recovered and from his house, a country made

                   single barrel gun was recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that as far as the scooty is concerned, that was not

                   recovered from the possession of this petitioner rahter it was

                   recovered before the door of the petitioner and as far as singel
            Patna High Court CR. MISC. No.11934 of 2026(3) dt.23-03-2026
                                                        2/2




                      barrel country made gun is concerned, the same was not recovered

                      from the physical possession of this petitioner rather it was

                      recovered from the joint house. Learned counsel for the petitioner

                      has submitted that nothing has been recovered from the possession

                      of this petitioner. The witnesses of the seizure list are police

                      personnel and police have not complied Section 105 of the BNSS

                      while making seizure. Learned counsel for the petitioner has

                      submitted that the petitioner is languishing in judicial custody

                      since 15.09.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State and he has submitted that the petitioner is having

                      criminal antecedent of two 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 court of

                      J.M.F.C., Sheikhpura in connection with Jairampur P.S. Case

                      No.72 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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