Patna High Court
Santosh Rai @ Santosh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond of Rs. 10,000 and two sureties.
Summary
Santosh Rai applied for bail in a case registered under Sections 25(1‑BA) and 26 of the Arms Act, where the prosecution alleged that a pistol and five live cartridges were recovered from his possession. The petitioner contended that nothing was seized from him and that the police failed to comply with Section 105 of the BNSS while making the seizure. He also highlighted that he has been in judicial custody since 26‑04‑2025 and has four prior criminal cases. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedents. After hearing both sides, the Court found merit in the petitioner’s claim of procedural irregularity and, despite the prior cases, ordered that bail be granted on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted in offences under Sections 25(1‑BA) and 26 of the Arms Act when the seizure may have been effected without compliance with Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑BA), 26
Subjects
- bail
- Arms Act
- seizure procedure
- prior criminal antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16489 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Santosh Rai @ Santosh Ray son of Late Ram Chandra Rai @ Ram Chandra
Ray Resident of Village -Meha, Ward no. 4 PS- Dandari, Dist -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dandari P.S. Case No.47 of 2025 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
possession of this petitioner one country made pistol and five
live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
105 of the BNSS while making seizure. Learned counsel for the
Patna High Court CR. MISC. No.16489 of 2026(3) dt.21-04-2026
2/2
petitioner has further submitted that the petitioner is in judicial
custody since 26.04.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has further submitted that the
petitioner is having criminal antecedent of four 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
JMFC-cum-AM, Begusarai in connection with Dandari P.S.
Case No.47 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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