Patna High Court
Banty JaiswalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions.
Summary
Banty Jaiswal applied for bail in a case registered as Katihar Nagar P.S. Case No. 899 of 2025, wherein he was charged under Sections 310(4), 310(5), 132, 111 of the B.N.S., 2023 and Sections 35(1‑b)a, 26, 35 of the Arms Act. The prosecution alleged that a police raid, based on intelligence about a planned serious offence, led to the recovery of arms from co‑accused Saurav Saransh, but nothing was seized from the petitioner. The petitioner contended that he was falsely implicated, had no arms in his possession, and that other co‑accused had already been granted bail in a similar case (Cr. Misc. No. 6189 of 2026). The State opposed bail, highlighting the petitioner’s antecedent of eight criminal cases. After hearing both sides, the court, considering the lack of direct evidence against the petitioner and the precedent of bail to co‑accused, ordered his release on bail with a bond of Rs.10,000, two sureties, and specific conditions including regular court attendance and weekly reporting to the police.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the B.N.S. and Arms Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the fact that arms were recovered from a co‑accused, not the petitioner, warrants bail
Legislation cited
- Arms Act — s. 26, 35, 35(1-b)a
- B.N.S., 2023 — s. 111, 132, 310(4), 310(5)
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- prior criminal antecedent
- judicial custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19217 of 2026
Arising Out of PS. Case No.-899 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Banty Jaiswal S/o- Kishore Jaiswal @ Kishor Kumar Jaiswal R/v- Lalkothi,
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 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Katihar Nagar P.S. Case No. 899 of 2025 registered for the
offence punishable under Sections 310(4), 310(5), 132, 111 of
the B.N.S., 2023 and Sections 35(1-b)a, 26, 35 of the Arms Act.
3. The case of the prosecution in short is that the
police had information that certain miscreants are planning to
commit some serious offence. On this input, the place was
raided. It is alleged that from the possession of co-accused
Saurav Saransh, arms 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
Patna High Court CR. MISC. No.19217 of 2026(2) dt.10-04-2026
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case. He also submits that nothing has been recovered from the
possession of this petitioner, he was only apprehended there. He
also submits that the recovery has been made from the
possession of co-accused namely, Saurav Saransh. He further
submits similarly situated other co-accused person has already
been granted bail by this court vide Cr. Misc. No. 6189 of 2026.
The case of this petitioner stands on similar footing. Moreover,
the petitioner is languishing in judicial custody since
10.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of eight 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, Katihar in connection with Katihar Nagar
P.S. Case No. 899 of 2025 with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
Patna High Court CR. MISC. No.19217 of 2026(2) dt.10-04-2026
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(ii) One of the bailors should be close relative of the
petitioner.
(ii) Petitioner is also directed to mark his weekly
attendance at Nagar P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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