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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Aman Kumar was arrested in connection with a case (PS Dobhi Case No. 48 of 2025) alleging offences under sections 121(1), 132, 111(1), 109, 310(4), 310(5) of the B.N.S and sections 25(1‑ba), 26, 27 and 35 of the Arms Act, with a pistol and two live cartridges reportedly recovered from his possession. The petitioner contended that nothing was seized from him, the police failed to comply with Section 105 of the B.N.S while making the seizure, and he was falsely implicated; he also pointed to a similar co‑accused who had been granted bail in Cr. Misc. No. 59538 of 2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the charges.
  • Whether the alleged non‑compliance with Section 105 of the B.N.S during seizure warrants bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

  • Arms Act — s. 25(1‑ba), 26, 27, 35
  • B.N.S. — s. 105, 109, 111(1), 121(1), 132, 310(4), 310(5)

Subjects

  • regular bail
  • criminal procedure
  • seizure of arms
  • procedural lapse
  • prior criminal antecedent
  • IPC sections
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12207 of 2026
                          Arising Out of PS. Case No.-48 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Aman Kumar, S/O Kamlesh Paswan, R/O village- Lembagara, P.S.- Bahera,
                 District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 121(1), 132,

                   111(1), 109, 310(4), 310(5) of B.N.S and sections 25(1-b)a, 26,

                   27 and 35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol and two

                   live cartridges were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   falsely been implicated in this case. Nothing has been recovered

                   from his possession. The seizure list witnesses are police

                   personnel. Police has not complied Section 105 of the B.N.S.S.
             Patna High Court CR. MISC. No.12207 of 2026(2) dt.18-02-2026
                                                         2/2




                       while making the seizure. It has also been submitted that

                       similarly situated co-accused, namely, Dharmendra Kumar @

                       Piyush has been granted bail by this Court vide Cr. Misc. No.

                       59538 of 2025. The case of this petitioner stands on similar

                       footing. Moreover, he is languishing in judicial custody since

                       21.02. 2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and submitted

                       that 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 released on bail in connection with

                       Dobhi P.S. Case No. 48 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned A.D.J.-II, Sherghati, Gaya Ji.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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