Patna High Court
Sanjiv KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The Patna High Court considered a bail petition filed by Sanjiv Kumar, who was accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act for alleged possession of three illegal firearms and eighteen cartridges recovered during a police seizure. The petitioner claimed innocence, stating that nothing was recovered from his possession, the seizure was made in an open field, and the police failed to comply with Section 105 of the B.N.S.S. during the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 17‑11‑2025. The State opposed the bail, citing the seriousness of the arms offences. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Arms Act.
- Whether the police seizure complied with procedural requirements under Section 105 of the B.N.S.S.
- Whether the evidence of recovery justifies denial of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 35
- B.N.S.S. — s. 105
Subjects
- bail
- Arms Act
- seizure
- procedural compliance
- criminal antecedent
- police
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21441 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- NTPC District- Patna
======================================================
Sanjiv Kumar, Son of Late Suresh Yadav, Resident of village -Dargahi Tola,
PS -Pandarak, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Ishwar Chandra, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 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 on the
disclosure of this petitioner and two other accused persons, three
illegal fire arms and eighteen live cartridges were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. It has further been submitted that from
perusal of the seizure list, it is clear that the recovery has been
made from field which is an open place. It has further been
Patna High Court CR. MISC. No.21441 of 2026(2) dt.06-04-2026
2/2
submitted that the witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
17.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
N.T.P.C. P.S. Case No. 88 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of Additional Chief
Judicial Magistrate-I, Barh.
(Ashok Kumar Pandey, J)
lata/-
U T
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