Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The application for regular bail is allowed, and the petitioners are to be released on bail with the stipulated bond and sureties.
Summary
Guddu Kumar and Munna Kumar were arrested in a case (Chiraiya PS Case No. 450 of 2025) for alleged possession of illegal firearms under Section 111 of the Bihar Negotiable Instruments Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioners claim they were merely gratuitous passengers in a Tata Safari vehicle that was intercepted, and that the search and seizure violated Section 103 of the Bihar Negotiable Instruments Act. They contend they had no knowledge of the weapons and that the driver fled, leaving them unaware of the contraband. The State opposed bail, citing the seriousness of the arms offences. The Court, after considering the lack of prior criminal record for petitioner 1, the limited antecedent of petitioner 2, and the circumstances of the seizure, ordered that regular bail be granted on a bond of Rs.10,000 with two sureties each. The application for bail was therefore allowed.
Issues considered
- Whether the petitioners are entitled to regular bail despite the alleged possession of illegal firearms.
- Whether the search and seizure of the weapons violated Section 103 of the Bihar Negotiable Instruments Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Negotiable Instruments Act — s. 103, 111
Subjects
- regular bail
- arms possession
- search and seizure
- Section 103
- Section 111
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14429 of 2026
Arising Out of PS. Case No.-450 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
1. Guddu Kumar S/o Bharos Sah @ Rambharos Sah R/o Village - Balapur, P.S
- Ghorasahan, District - East Champaran
2. Munna Kumar S/o Lakshman Prasad R/o Village - Balapur, P.S -
Ghorasahan, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case No.
450 of 2025 dated 15.10.2025 registered for the offences
punishable under Section 111 of the B.N.S. and Section 25(1-B)
(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on secret information,
a Tata Safari vehicle was intercepted and three persons were
apprehended. It is alleged that from petitioner No.1, one loaded
country-made pistol with four live cartridges was recovered,
while from petitioner No.2, one loaded country-made pistol with
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one live cartridge was recovered.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have falsely been
implicated in this case. He further submits that the search and
seizure is in violation of Section 103 of B.N.S.S. The petitioners
is neither the owner nor the driver of the seized Safari vehicle
and actually they were the gratuitous passenger and when the
police came, the driver fled away and in fact the recovery was
from the vehicle itself which was not within the knowledge of
the petitioners. The petitioner No.1 has got no criminal
antecedent while petitioner No.2 has one criminal antecedent
relating to Excise Act and is not accused in similar nature of
offence and they are in custody in this case since 16.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioners
above-named, are directed to be enlarged on bail on furnishing
bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Court concerned, Sikarhana at Motihari, East Champaran, in
connection with Chiraiya P.S. Case No. 450 of 2025.
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7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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