Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, holding that the procedural deficiencies in the seizure and the absence of direct possession justified release on bail.
Summary
The petitioner, Suraj Kumar, applied for regular bail in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act, alleging that the seized weapons and ammunition were recovered from the crime scene of a murder and not from his possession. The prosecution claimed that the petitioner was apprehended by police, and the recovered arms were linked to the murder, also highlighting his alleged 11 prior criminal cases. The petitioner contended that he was falsely implicated, that the seizure was not made in compliance with Section 105 of the B.N.S.S., and that he had been in judicial custody since 18‑08‑2025. The State opposed bail, relying on the alleged criminal antecedents and the seriousness of the offence. After hearing both sides, the Court found that the procedural lapse in seizure and the lack of direct possession warranted bail, subject to conditions. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with specified conditions.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences.
- Whether the seizure of arms complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 35
- B.N.S.S. — s. 105
Subjects
- bail
- Arms Act
- seizure
- Section 105
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20078 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- Lakho District- Begusarai
======================================================
Suraj Kumar, S/o Dilip Singh, R/o Village - Machaha, Ward No.4, P.S-
Singhaul, District – Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 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 25(1-B)a,
26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner was apprehended by police and was brought to P.S.
where on his statement, the arms and other articles were
recovered which were used in a case of murder.
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.20078 of 2026(2) dt.17-04-2026
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case. Learned counsel for the petitioner has further submitted
that as per the case of the prosecution, on the disclosure of this
petitioner, one country made pistol, two live cartridges, Rs.
71,800/- and some cloths were recovered. It has further been
submitted that a case of murder is already registered. Nothing
has been recovered from the possession of this petitioner. The
witnesses of seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
Petitioner is languishing in judicial custody since 18.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of 11 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, Begusarai in connection with Lakho P.S.
Case No. 156 of 2025 with the following conditions:-
(i) One of the bailors shall be near relative of the
petitioner.
Patna High Court CR. MISC. No.20078 of 2026(2) dt.17-04-2026
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(ii) Petitioner shall cooperate in trial and shall
remain physically present on each and every date in the
learned trial Court.
(Ashok Kumar Pandey, J)
lata/-
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