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Patna High Court

Dharamraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Dharamraj Kumar, was arrested after police recovered a loaded country-made pistol from his waist during an orchestra program, leading to charges under Sections 25(1‑b)a and 26 of the Arms Act. He applied for regular bail, contending that the search and seizure violated the mandatory procedure under Section 103(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and that he had been in judicial custody since 15‑09‑2025 without justification. The State opposed the bail, emphasizing the seriousness of the firearm offence. The Court, noting the length of custody, the alleged procedural lapse, and the fact that the investigation was complete, decided to grant bail on the condition of furnishing a bail bond of Rs.10,000 with two sureties and compliance with attendance requirements. The bail was ordered subject to cancellation if the petitioner fails to appear in court on two consecutive dates without cause.

Issues considered

  • Whether regular bail should be granted to the accused under the Arms Act offences.
  • Whether the alleged non‑compliance with Section 103(4) of the BNSS during the search and seizure affects the bail decision.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal firearm
  • search and seizure
  • procedural lapse
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1194 of 2026
                  Arising Out of PS. Case No.-275 Year-2025 Thana- SURYAGARHA District- Lakhisarai
                 ======================================================
                 Dharamraj Kumar S/O Valmiki Ram R/O Village- Manachak Kenar, P.S-
                 Nalanda, Distt.- Nalanda, At presently residing at Village- Surjichak, P.S-
                 Surajgarha, Distt.- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :      Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Surajgarha P.S. Case

                   No. 275 of 2025 registered for the offences punishable under

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

                                3. As per the prosecution story, on 15.09.2025 at

                   about 02:00 hours, a confidential information was received at

                   the police station that during an orchestra dance programme

                   scheduled in the evening at village Surjivak, one person was

                   openly waving a country-made pistol, and there was a strong

                   apprehension that some untoward incident might occur.

                   Thereafter, for verification of the information and for taking
Patna High Court CR. MISC. No.1194 of 2026(2) dt.15-01-2026
                                            2/3




          necessary legal action, police proceeded towards the place of

          occurrence. At about 02:35 hours, police team reached at the

          orchestra programme. The police noticed that one person, upon

          seeing the police, jumped down from the stage and attempted to

          flee. On suspicion, he was chased and apprehended with the

          help of the accompanying police officers. Upon interrogation,

          the apprehended person disclosed his name as Dharamraj

          Kumar (petitioner). During the search, one country-made pistol

          was recovered from the right side of the waist of the petitioner.

          On opening the pistol, one live cartridge of 0.315 bore, bearing

          marking “8 mm KF”, was found loaded inside it.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in the

          present case. It is alleged that though a loaded country-made

          pistol (desi katta) was recovered from the waist of the petitioner;

          however, the mandatory procedure prescribed under Section

          103(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was

          not followed at the time of search and seizure. Learned counsel

          further submits that the investigation has already been

          completed and the charge-sheet has been filed against the

          petitioner. The petitioner has been in judicial custody since

          15.09.2025 and is languishing in jail without any justifiable
          Patna High Court CR. MISC. No.1194 of 2026(2) dt.15-01-2026
                                                      3/3




                    cause.

                                 5. Learned A.P.P. appearing on behalf of the State has

                    vehemently opposed the prayer for bail of the petitioner.

                                 6. Keeping in view the aforesaid facts and considering

                    the period under custody, let the petitioner, above named, be

                    released on bail after framing of charge on furnishing bail

                    bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of learned Chief Judicial

                    Magistrate, Lakhhisrai, connection with Surajgarha P.S. Case

                    No. 275 of 2025 subject to the following conditions :-

                                 (i). Petitioner will remain physically present in trial on

                    each and every date till the disposal of the case failing which, on

                    two consecutive dates without reasonable cause, the bail bond of

                    the petitioner may be cancelled by the Trial Court.

                                 (ii). One of the bailor shall be his family member.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U


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