Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Guddu Kumar was arrested in connection with a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly having two live cartridges in his pocket. The petitioner claimed he was innocent, that no contraband was actually recovered from him, and that the police failed to follow Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 20‑11‑2025. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Khagaria.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑B)(a), 26 and 35 of the Arms Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Arms Act
- seizure procedure
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20608 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Guddu Kumar S/O Anil Yadav R/O Village- Sarsawa (Shishva) , Ward No.-8,
Post Office- Siswa, P.S- Chautham, Distt.- Khagaria, Bihar- 851204.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chautham P.S. Case No. 308 of 2025 registered for the
offence punishable under Sections 25(1-B)(a), 26, 35 of the
Arms Act.
3. The case of the prosecution, in short, is that from
the pocket of this petitioner, two live cartridges 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
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.20608 of 2026(2) dt.01-04-2026
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105 of the BNSS while making the seizure. He further submits
that a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 20.11.2025.
5. The application for bail is opposed by learned APP
for the State.
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, Khagaria in connection with Chautham P.S.
Case No. 308 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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