Patna High Court

Dhiraj Kumar Singh @ Dheeraj Kumar SinghversusThe State of Bihar

Decided: 27 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Dhiraj Kumar Singh, sought regular bail in a criminal case registered under sections 25(1‑B)(a), 26 and 35 of the Arms Act, alleging that a country‑made pistol was recovered from his possession. He claimed innocence, argued that the seizure was not from his conscious possession, and pointed out that the seizure list witnesses were only police personnel with no independent witnesses. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s three prior criminal cases, as well as non‑compliance with Section 105 of the B.N.S.S. The Court, after considering the facts, decided to enlarge bail, directing the petitioner to be released on furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether bail should be granted in a case under sections 25(1‑B)(a), 26 and 35 of the Arms Act.
Whether the mandatory requirements of Section 105 of the B.N.S.S. have been complied with.
Whether the absence of independent witnesses to the seizure affects the bail decision.

Legislation cited

Arms Act — s. 25(1‑B)(a), 26, 35
B.N.S.S. — s. 105

Subjects

bail
Arms Act
Section 105 compliance
police witnesses
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12548 of 2026
                       Arising Out of PS. Case No.-421 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Dhiraj Kumar Singh @ Dheeraj Kumar Singh S/o Hirdya Singh R/o vill -
                 Nerui, P.S.- Mirganj, Distt.- Gopalganj

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

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

2   27-02-2026                       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 25 (1-B)

                   (a), 26 and 35 of the Arms Act.

                                3.      The case of the prosecution, in brief, is that a

                   country-made pistol was allegedly recovered from the

                   possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that no

                   such recovery was made from his conscious possession. It is

                   further contended that the witnesses to the seizure list are all

                   police personnel and no independent witness has been cited. It is
            Patna High Court CR. MISC. No.12548 of 2026(2) dt.27-02-2026
                                                        2/2




                      also argued that the mandatory provisions of Section 105 of the

                      B.N.S.S. have not been complied with. It is submitted that the

                      petitioner has criminal antecedents of three cases. He has been

                      in judicial custody since 18.08.2025.

                                   5. Learned A.P.P. for the State vehemently opposes

                      the prayer for bail.

                                   6. Considering the aforesaid 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 Bhore P.S. Case No. 421 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

                      SDJM, Gopalganj.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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