Patna High Court
Saurabh SaranshversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Saurabh Saransh, was arrested in connection with a case registered under Sections 310(4), 310(5), 132 and 111 of the Bihar Non‑Statutory (BNS) and Sections 25(1‑b)a, 26 and 35 of the Arms Act, after a pistol and eight live cartridges were allegedly recovered from his possession. The petitioner contended that he is innocent, that nothing was actually seized from him, and that the police failed to comply with Section 105 of the BNS while making the seizure. He has been in judicial custody since 10 September 2025 and sought regular bail, while the State opposed bail on the ground of a prior criminal antecedent. The court, after hearing both sides and examining the facts and circumstances, decided to grant bail despite the alleged procedural lapse. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, Katihar.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged procedural irregularities in the seizure.
- Whether the nature of the offences under the BNS and Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- regular bail
- procedural irregularity
- seizure
- Section 105
- Arms Act
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17922 of 2026
Arising Out of PS. Case No.-899 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Saurabh Saransh S/o- Vinod Pathak R/v- Larkania Tola, PS- Nagar, Distt-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 310(4),
310(5), 132 and 111 of the BNS and under Sections 25(1-b)a, 26
and 35 of the Arms Act.
3. The case of the prosecution is that from possession
of this petitioner one automatic pistol and 8 live cartridges were
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
Patna High Court CR. MISC. No.17922 of 2026(2) dt.18-03-2026
2/2
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police has not complies Section 105
of the BNSS while making seizure. It has further been submitted
that the petitioner is languishing in judicial custody since
10.09.2025.
5. Learned APP appearing for the State has opposed
the prayer of regular bail and has submitted that the petitioner is
having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge both the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Katihar Nagar P.S. Case No. 899 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Katihar.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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