Created by Fuzzy Cloud

Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                                    (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/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.