Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond with sureties.
Summary
Guddu Kumar was arrested in connection with a case alleging illegal possession of three country-made pistols and two live cartridges, charging him under sections 25(1‑b)a and 26 of the Arms Act and section 67 of the Information Technology Act. The petitioner contended that the seized items were not in his possession, that the police failed to comply with Section 105 of the BNSS while preparing the seizure list, and that there were no independent witnesses to the seizure. He also asserted having no criminal antecedent and had been in judicial custody since 7 November 2025. The State opposed the grant of regular bail. After hearing both sides, the High Court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether regular bail can be granted to the petitioner in offences under the Arms Act and the IT Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Bihar Non-Statutory (BNSS) — s. 105
- Information Technology Act — s. 67
Subjects
- regular bail
- Arms Act
- Information Technology Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15691 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- DARPA District- East Champaran
======================================================
Guddu Kumar S/o Binda Rai @ Vinda Ray R/o Village- Teenkoni, P.S- Darpa,
Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-04-2026 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 25(1-b)a, 26
of the Arms Act and Section 67 of the I.T. Act.
3. The case of the prosecution is that from the house
of this petitioner, altogether three country made pistols along
with two live cartridges were recovered.
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. Police has not
complied Section 105 of BNSS while preparing the seizure list
and also there is no independent witness of the seizure list rather
Patna High Court CR. MISC. No.15691 of 2026(3) dt.16-04-2026
2/2
they are police personnel. A statement has been made in para-3
of this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
07.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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
Darpa P.S. Case No. 278 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 Chief Judicial Magistrate,
East Champaran, Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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