Patna High Court
Dharmpal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered the release of the petitioner on regular bail with a bond and sureties.
Summary
The petitioner, Dharmpal Kumar, was arrested in connection with the alleged possession of a country‑made pistol and three empty cartridges, charged under sections 25(1‑b)a and 26 of the Arms Act. He contended that the seized items were not in his possession and that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. The petitioner had been in judicial custody since 28‑10‑2025 and had no prior criminal record. The State opposed the bail application, arguing the seriousness of the arms offences. After hearing both sides, the Court found the procedural lapse and the petitioner’s clean antecedents sufficient to grant regular bail. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted in a case involving offences under sections 25(1‑b)a and 26 of the Arms Act
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list warrants bail
- Whether the duration of judicial custody and lack of prior criminal antecedents justify release on bail
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26
- BNSS — s. 105
Subjects
- bail
- Arms Act
- possession of illegal firearm
- procedural lapse
- judicial custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16414 of 2026
Arising Out of PS. Case No.-326 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Dharmpal Kumar S/o- Ramjapo Paswan Resident of Village- Bela Khairi Tola
(Bela Simri) Ward No 4- PS- Gangour District- Khagaria Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 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.
3. The case of the prosecution is that from the
possession of this petitioner, one country made pistol along with
three empty cartridges was 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. The seizure list
witnesses are police personnel and police has not followed
Section 105 of BNSS while preparing the seizure. Moreover, he
Patna High Court CR. MISC. No.16414 of 2026(2) dt.13-03-2026
2/2
is languishing in judicial custody since 28.10.2025 having no
criminal antecedent.
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
Khagaria P.S. Case No. 326 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,
Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…