Patna High Court
Ramkaran kumar @ Ramkaran RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Ramkaran Kumar and Sanjeev Kumar, were arrested in connection with a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act after a rifle, two pistols and ten live cartridges were recovered from a hut belonging to Bharosi Rai. The petitioners contended that the seized items were not in their possession, that the hut did not belong to them, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. They had been in judicial custody since 2 December 2025 and pointed out that a similarly situated co‑accused had already been granted bail by the same court. The State opposed the bail application, arguing that the investigation warranted continued detention. After hearing both sides, the court found merit in the petitioners’ arguments and ordered that they be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the S.D.J.M., Barh.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged procedural lapse in the seizure of arms.
- Whether the failure to comply with Section 105 of the B.N.S.S. affects the validity of the arrest and continued custody.
- Whether the evidence recovered from a third‑party’s hut justifies denial of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- procedural lapse
- judicial custody
- Section 105 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17399 of 2026
Arising Out of PS. Case No.-438 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
1. Ramkaran kumar @ Ramkaran Rai S/O Mantu Ray @ Munna Ray @ Munat
Rai R/O Village- Ganjpar, PS- Athmagola, Distt-Patna
2. Sanjeev Kumar S/O Jageshwar Ray R/O Village- Ganjpar, PS- Athmagola,
Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Athmalgola P.S. Case No. 438 of 2025 registered for the
offence punishable under Sections 25(1-B)a, 26 and 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the hut of one Bharosi Rai, one country made rifle, two country
made pistols and 10 live cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. From perusal of the seizure list it will transpire that the
Patna High Court CR. MISC. No.17399 of 2026(3) dt.01-05-2026
2/2
seizure was made from one Ram Padarath Ray. The said hut
does not belong to the petitioners. It has further been submitted
that nothing has been recovered from the possession of this
petitioners. The witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioners are languishing in judicial
custody since 02.12.2025. It has further been submitted that
similarly situated co-accused person has already been granted
bail by this court vide Cr. Misc. No. 18783 of 2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Barh, District-Patna in connection with Athmalgola
P.S. Case No. 438 of 2025
(Ashok Kumar Pandey, J)
Shubham/-
U T
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