Patna High Court
Yash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner, subject to a bond and sureties, as the procedural deficiencies in the seizure and the petitioner’s right to liberty outweighed the State’s objections.
Summary
The petitioner, Yash Kumar, was arrested in connection with a case registered under Sections 111, 109, 132 and 3(5) of the Bihar Narcotic Substances Act and several provisions of the Arms Act. The prosecution alleged that police, acting on secret information, recovered a rifle and five live cartridges from the petitioner after a shoot‑out between miscreants and police. The petitioner contended that nothing was seized from him, that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances Act, and that he had been in judicial custody since 25‑08‑2025. The State opposed bail, highlighting the petitioner’s prior excise convictions. After hearing both sides, the Court found the bail application justified and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑II, Danapur.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of a firearm and narcotic‑related offences.
- Whether the seizure of the alleged weapon complied with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior excise convictions preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-AAA), 25(1-B)(a), 26(2), 27, 35
- Bihar Narcotic Substances Act — s. 105, 109, 111, 132, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- seizure compliance
- Section 105
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20501 of 2026
Arising Out of PS. Case No.-672 Year-2025 Thana- BIHTA District- Patna
======================================================
Yash Kumar Son of Vikash Kumar @ Vikash Prasad @ Vikas Kumar
Resident of Village - Shivganj, P.S. - Ara Nawada, Distt. - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bihta P.S. Case No.672 of 2025 registered for the offence
punishable under Sections 111, 109, 132 & 3(5) of the BNS and
under Sections 25(1-AAA), 25(1-B)(a), 26(2), 35 & 27 of the
Arms Act.
3. The case of the prosecution, in short, is that police
received secret information that certain miscreants have
gathered for extorting money from the boatmen carrying goods.
Police reached there and it is alleged that there was firing from
both sides and from possession of this petitioner one rifle and
five live cartridges were recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20501 of 2026(4) dt.24-06-2026
2/2
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has been submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure. It
has been submitted that the petitioner is in judicial custody since
25.08.2025.
5. The application for bail is opposed by learned APP
for the State. It has been submitted that the petitioner is having
criminal antecedent of two cases of excise.
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 court of learned
Additional Chief Judicial Magistrate-II, Danapur at Patna in
connection with Bihta P.S. Case No. 672 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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