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Patna High Court

Pramod PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.

Summary

Pramod Pandey was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a country‑made pistol was allegedly recovered from a trunk in his house. The petitioner contended that nothing was seized from him and that the police had not complied with Section 105 of the BNSS while making the seizure, and he also highlighted his clean antecedent record and that he had been in judicial custody since 29‑12‑2025. 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 Sub‑Divisional Judicial Magistrate, Sadar, East Champaran.

Issues considered

  • Whether bail should be granted in a case punishable under Sections 25(1‑b)a and 26 of the Arms Act.
  • Whether the seizure of the alleged weapon complied with Section 105 of the BNSS.
  • Whether the petitioner’s lack of prior criminal record and custodial circumstances warrant bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • Section 105
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20808 of 2026
                     Arising Out of PS. Case No.-576 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Pramod Pandey Son of Late Kashi Pandey R/o Village - Uchchidih, P.S. -
                 Pipra, Dist. - East Champaran.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Pipra P.S. Case No.576 of 2025 registered for the offence

                   punishable under Sections 25(1-b)a & 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that from

                   the trunk kept in the house of the petitioner, one country made

                   pitsol was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. Learned counsel for the

                   petitioner has further submitted that the witnesses of the seizure

                   list are police personnel and police have not complied Section

                   105 of the BNSS while making seizure. Learned counsel for the

                   petitioner has further submitted that the petitioner is having no
            Patna High Court CR. MISC. No.20808 of 2026(2) dt.02-04-2026
                                                        2/2




                      criminal antecedent and he is in judicial custody since

                      29.12.2025.

                                   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 court of learned

                      Sub-Divisional Judicial Magistrate, Sadar, East Champaran in

                      connection with Pipra P.S. Case No.576 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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