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Patna High Court

Santosh Rai @ Santosh RayversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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