Created by Fuzzy Cloud

Patna High Court

Guddu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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


Continue reading with your account

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

Sign in to read

Checking your session…

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