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Patna High Court

Shashi RanjanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Shashi Ranjan was arrested in Sitamarhi on suspicion of possessing a country‑made pistol, a live cartridge and two mobile phones, and was charged under sections 310(4), 310(5) of the BNS and sections 25(1‑b)a, 26 and 35 of the Arms Act. He applied for regular bail, contending innocence, alleging that the seizure list was not prepared in accordance with Section 105 of the BNS and pointing out that a co‑accused in a similar case had been granted bail. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. After hearing both sides, the court considered the procedural irregularities, the petitioner’s custody since 19‑Oct‑2025, and the precedent, and decided to grant bail on a bond of Rs 10,000 with two sureties. The petitioner was ordered to be released upon furnishing the bail bond.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under sections 310(4), 310(5) of the BNS and the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the BNS in preparing the seizure list warrants bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • arms possession
  • procedural lapse
  • Section 105
  • criminal antecedents
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14511 of 2026
                        Arising Out of PS. Case No.-301 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Shashi Ranjan S/o Lal Babu Prasad Yadav R/o Village- Parsa Ward No. 3,
                 P.S.- Suppi, Dist- Sitamarhi

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

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

3   02-04-2026                    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 310(4),

                   310(5) of BNS and 25(1-b)a, 26 and 35 of the Arms Act.

                                3. The case of the prosecution is that police had

                   information that certain miscreants were planning to commit

                   some offence. On this input, police reached there and found one

                   country made pistol along with one live cartridge and two

                   mobile phones from the possession of this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. The seizure list
             Patna High Court CR. MISC. No.14511 of 2026(3) dt.02-04-2026
                                                         2/2




                       witnesses are police personnel and police has not followed

                       Section 105 of BNSS while preparing the seizure list. It has

                       further been submitted that similarly situated other co-accused

                       person has already been granted bail by learned co-ordinate

                       Bench of this Court vide Cr. Misc. No. 13988 of 2026.

                       Moreover, the petitioner is languishing in judicial custody since

                       19.10.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that petitioner is having two criminal antecedents.

                                    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

                       Suppi P.S. Case No. 301 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 I/c C.J.M., Sitamarhi.



                                              (Ashok Kumar Pandey, J)
lata/-

U        T


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