Patna High Court
Chhotu Pandey @ Ranjan PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions stipulated under Section 480(3) of the BNSS.
Summary
Chhotu Pandey was arrested in Kateya, Gopalganj, for allegedly possessing a country‑made katta, alleged offence under Section 25(1‑B)(a) of the Arms Act. The petitioner claimed innocence, arguing that the weapon was planted and no cartridge was recovered, and sought bail after being in custody since 27‑10‑2025 with a charge sheet already filed. The State opposed the bail application. The court, considering the length of custody, the nature of the evidence, and the filing of the charge sheet, ordered the release of the petitioner on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety and attendance requirements. The bail bond would be cancelled if the petitioner missed three consecutive court dates or violated any condition.
Issues considered
- Whether bail should be granted to the accused under Section 25(1‑B)(a) of the Arms Act given the circumstances of arrest and evidence.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
- Arms Act — s. 25(1-B)(a)
- Bihar Negotiable Securities Act (BNSS) — s. 480(3)
Subjects
- bail
- Arms Act
- illegal possession of firearm
- pre‑trial detention
- Section 25
- Section 480(3) BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1404 of 2026
Arising Out of PS. Case No.-603 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Chhotu Pandey @ Ranjan Pandey S/O Rambharosha Pandey Resident of
Village - Lohati, P.S- Kateya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey, Adv.
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Kateya P.S. Case No. 603 of 2025, registered
for the offences under Sections 25(1-B)(a) of the Arms Act.
3. As per the prosecution case, petitioner was
apprehended with a country made katta.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Recovery shown from the
petitioner is planted moreover no cartridge was recovered from
the petitioner and recovery of merely a country made katta has
been shown from the petitioner for which he is in custody since
27.10.2025 and charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
Patna High Court CR. MISC. No.1404 of 2026(2) dt.15-01-2026
2/2
period of custody of the petitioner and submission of charge
sheet, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned ACJM-VIth Gopalganj/concerned court,
in connection with Kateya P.S. Case No. 603 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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