Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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