Patna High Court
Roshan GoswamiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Roshan Goswami, applied for regular bail in a case registered under Sections 25(1‑B) a and 26 of the Arms Act, alleging that he was falsely implicated after a police vehicle check recovered cartridges, a motorcycle and an iron rod from him. The prosecution alleged that he attempted to flee while on night patrol and was seized with the contraband. The petitioner contended that he has a clean record, was subjected to police atrocities, and that the procedure under Section 103 of the B.N.S.S. was not followed. The State opposed the bail on the ground of the seriousness of the offences. After considering the submissions and circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, thereby allowing the application.
Issues considered
- Whether regular bail should be granted to the accused under Sections 25(1‑B) a and 26 of the Arms Act
- Whether the procedural requirements of Section 103 of the B.N.S.S. were complied with
- Whether the allegations of false implication and police atrocities affect the bail decision
Legislation cited
- Arms Act, 1959 — s. 25(1-B), 26
- B.N.S.S. — s. 103
Subjects
- bail
- Arms Act
- regular bail
- false implication
- police atrocities
- Section 103 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1683 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- SARSI District- Purnia
======================================================
Roshan Goswami S/o Late Laddu Goswami R/o Village - Parmanandpur, P.S -
Bihariganj, District - Madhepura At present R/o Village - Majhua Premraj,
Ward No. 18, P.S - Sarsi, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sarsi P.S. Case No. 178
of 2025 registered for the offences punishable under Sections
25(1-B) a, 26 of the Arms Act.
3. As per the prosecution case, while on night
patrolling duty, the police officials began checking vehicles. In
the course of such checking, one person riding a motorcycle,
who was waiting in the queue, attempted to flee but was
apprehended. Upon search of his person, three cartridges, one
motorcycle, and an iron rod with a modified structure were
recovered from his possession.
Patna High Court CR. MISC. No.1683 of 2026(3) dt.09-04-2026
2/2
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has also been submitted that the procedure
prescribed under Section 103 of the B.N.S.S. has not been
followed. Moreover, the petitioner has been made victim of
police atrocities. Lastly, it has been submitted that the petitioner
has clean criminal antecedent and is in custody since 11.09.2025
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Purnia, in connection with Sarsi P.S.
Case No. 178 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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