Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Gautam Kumar, sought bail in a case (P.T. No. 3968 of 2025) arising from an Agamkuan police report alleging possession of illegally manufactured firearms and components under Sections 25(1‑b)a, 25(1)(a), 25(1)(b), 26 and 35 of the Arms Act. The prosecution claimed that half‑manufactured magazines, pistols, barrels and other materials were recovered from the petitioner’s house, while the defence argued that the items were actually recovered from the petitioner’s father’s house and that the seizure violated Section 105 of the BNSS because it was not properly documented. The petitioner asserted no prior criminal record and had been in judicial custody since 6 August 2025. After hearing both sides, the Court found the arguments on joint possession and procedural lapse persuasive enough to grant bail, subject to a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the Additional Chief Judicial Magistrate‑IV, Patna City.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences.
- Whether the seizure of the alleged arms components complied with Section 105 of the BNSS.
- Whether the alleged possession is joint with the petitioner’s father, affecting liability.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail.
Legislation cited
Subjects
- bail
- Arms Act
- illegal firearms
- seizure procedure
- Section 105
- joint possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17842 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Gautam Kumar S/O Pramod Mahto R/o - Rashida Chak More, Chhoti Pahari,
Ps - Agamkuan,Dist- Patna, Pin-800007
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with P.T. No. 3968 of 2025 arising out of Agamkuan P.S. Case
No.590 of 2025 registered for the offence punishable under
Sections 25(1-b)a, 25(1)(a), 25(1)(b), 26 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that from
the house of this petitioner, half manufactured 8 magazine, one
half manufactured pistol, four pistol body, five pistol barrel, four
pistol half body, mobiles and other materials of manufacturing
illegal arms were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner rather the recovery has been
Patna High Court CR. MISC. No.17842 of 2026(2) dt.24-03-2026
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made from the house of petitioner’s father and the same is joint
one. It has further been submitted that the witnesses of the
seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. Learned
counsel for the petitioner has submitted that the petitioner is
having no criminal antecedent and he is languishing in judicial
custody since 06.08.2025.
5. The application for bail is opposed by learned APP
for the State.
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
Additional Chief Judicial Magistrate-IV, Patna City in
connection with P.T. No. 3968 of 2025 arising out of Agamkuan
P.S. Case No.590 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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