Patna High Court
Shailesh Kumar @ Shailesh Ray @ Shailesh RoyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case registered under Sections 25(1-b)(a) and 26 of the Arms Act, alleging that he was apprehended on information of extortion at gunpoint and that a pistol with live cartridges was recovered from the roadside. The petitioner contended that the arms were not in his conscious possession, that the police failed to comply with Section 105 of the BNSS while preparing the seizure list, and that he had been in judicial custody since 21‑12‑2025. The State opposed bail, highlighting the petitioner’s criminal antecedent of eleven pending cases. After hearing both sides, the Court considered the procedural lapse and the lack of direct possession, and decided to grant regular bail on a bond of Rs.10,000 with two sureties and conditions of attendance and cooperation in trial. The petitioner was ordered to be released on bail subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of arms under Sections 25(1-b)(a) and 26 of the Arms Act.
- Whether the police’s non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents justify refusal of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)(a), 26
- BNSS — s. 105
Subjects
- bail
- Arms Act
- possession of firearms
- extortion
- procedural lapse
- Section 105 BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16429 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Shailesh Kumar @ Shailesh Ray @ Shailesh Roy S/o- Ram Balak Prasad
Yadav @ Rambalak Rai Village- Yadopur Bakhari, P.S. Dhaka, Dist. East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
Mr. Shambhavi Priya, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, 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
and 26 of the Arms Act.
3. The case of the prosecution is that police had
information that the petitioner was committing extortion on the
gun point and on this information, the petitioner was
apprehended.
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
Patna High Court CR. MISC. No.16429 of 2026(2) dt.13-03-2026
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recovered from the conscious possession of the petitioner. From
perusal of the FIR, it is clear that on further enquiry, the
petitioner disclosed that recovery of arms can be made by side
of the road and from that input, one country made pistol along
with two live cartridges was recovered by the road side. The
witnesses of the seizure list are police personnel and police has
not complied Section 105 of BNSS while preparing seizure.
Moreover, he is languishing in judicial custody since
21.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of eleven cases.
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
Kundwa Chainpur P.S. Case No. 343 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 J.M. 1st Class,
Sikrahna at Dhaka, East Champaran with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
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fixed date.
(ii) As most of the cases of the petitioner are from
Dhaka Police Station, so, he is also directed to mark his weekly
attendance at Dhaka P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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