Patna High Court
Rambabu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rambabu Kumar was arrested in connection with a case under Sections 25(1-b)(a) and 26 of the Arms Act for allegedly possessing a country‑made pistol and two live cartridges. The petitioner contended that nothing was recovered from him and that the police seizure list violated Section 105 of the BNSS, arguing procedural irregularities. He had been in judicial custody since 18‑Oct‑2025 and the State highlighted his antecedent of seven criminal cases, opposing bail. The court examined the allegations of irregular seizure and the petitioner’s prior record, and nonetheless decided to grant regular bail. He was released on a bail bond of Rs 10,000 with two sureties, subject to satisfaction of the Additional Chief Judicial Magistrate‑III, Siwan.
Issues considered
- Whether bail should be granted in a case under Sections 25(1-b)(a) and 26 of the Arms Act despite alleged seizure irregularities and the petitioner’s criminal antecedents.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)(a), 26
Subjects
- bail
- Arms Act
- seizure procedure
- judicial custody
- criminal antecedent
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1492 of 2026
Arising Out of PS. Case No.-529 Year-2025 Thana- BARHARIA District- Siwan
======================================================
Rambabu Kumar S/o Shivjee Prasad @ Shivji Sah Resident Of Village-
Gausihatta Dhumnagar, Ps- Barharia, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-01-2026 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)
and 26 of the Arms Act.
3. The case of the prosecution, in short, 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
nothing has been recovered from the possession of this
petitioner. Learned counsel has further submitted that the
witnesses of the seizure list are police personnel and they have
not complied Section 105 of the BNSS while making seizure.
Learned counsel for the petitioner has further submitted that the
Patna High Court CR. MISC. No.1492 of 2026(2) dt.29-01-2026
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petitioner is in judicial custody since 18.10.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and
has submitted that the petitioner is having criminal antecedent
of seven cases.
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 Barharia P.S. Case No. 529 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
Additional Chief Judicial Magistrate-III, Siwan.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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