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Patna High Court

Saurabh SaranshversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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