Patna High Court
Fantush Kumar @ Awadhesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail, subject to a bond and sureties, and the condition of personal appearance at trial.
Summary
The petitioner, Fantush Kumar, sought bail in a case registered under Sections 25(1‑B)a, 26(1) and 35 of the Arms Act, where a pistol, four live cartridges and an empty cartridge were allegedly recovered from his house. The prosecution alleged that the seizure was lawful, while the petitioner claimed innocence, alleged procedural lapses in the seizure (non‑compliance with Section 105 of the B.N.S.S.), and highlighted his serious health condition (cancer) and prolonged pre‑trial detention since 11‑01‑2026. The State opposed bail, citing seven prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of direct possession, the petitioner’s health, and the procedural issues, and decided to grant bail on condition of a Rs.10,000 bond with two sureties and the requirement to appear at every trial date. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to bail under the Arms Act despite the alleged seizure of firearms and ammunition.
- Whether the seizure complied with Section 105 of the B.N.S.S., affecting the bail decision.
- Whether the petitioner’s criminal antecedents and health condition justify the grant of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- Section 105
- health condition
- criminal antecedent
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16981 of 2026
Arising Out of PS. Case No.-11 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Fantush Kumar @ Awadhesh Yadav, S/O Chhatri Yadav, R/O Village- Farreh,
P.S- Chautham, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chautham P.S. Case No.11 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 26(1) and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, one country made pistol, four live
cartridges and one empty cartridge were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. The
witnesses of the seizure list are police personnel. Police has not
Patna High Court CR. MISC. No.16981 of 2026(2) dt.16-03-2026
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complied Section 105 of the B.N.S.S. while making the seizure.
It has also been submitted that petitioner also suffering from
cancer. He is languishing in judicial custody since 11.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of seven 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 learned Chief
Judicial Magistrate, Khagaria in connection with Chautham P.S.
Case No. 11 of 2025 with the condition that petitioner shall
cooperate in the trial and shall remain physically present on
each and every date in the learned trial Court.
(Ashok Kumar Pandey, J)
lata/-
U T
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