Patna High Court
Ganesh ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, owing to the absence of material recovered from the petitioner, his clean antecedent and the procedural irregularities in the seizure, regular bail could be granted.
Summary
Ganesh Thakur applied for regular bail in a case under Sections 25(1‑AA), 25(1‑a), 25(1‑b)a, 26 and 35 of the Arms Act where six pistols, three live cartridges and other arm‑making articles were seized from a shop in the courtyard of his house. The petitioner contended that the items were recovered from a joint house, not from his possession, that the seizure violated Section 105 of the B.N.S.S., and that he has no criminal antecedent, having been in judicial custody since 25‑10‑2025. The State opposed the bail. After hearing both sides, the court noted the procedural lapse, the petitioner’s clean record and the lack of direct incriminating material against him, and consequently ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under the Arms Act offences given the circumstances of the seizure and his antecedents
Legislation cited
Subjects
- regular bail
- Arms Act
- seizure procedure
- Section 105 B.N.S.S.
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21468 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
Ganesh Thakur, Son of Late Rameshwar Thakur, Resident of village -
Turkahi, Ward No. 01, Ram Bishanpur, Police Station - Raghopur, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun., Advocate
For the Opposite Party/s : Mr. Ahmad Ali, 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-AA),
25(1-a), 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short is that from
the shop in the courtyard of the petitioner, altogether 6 country
made pistols, three live cartridges and other articles of
manufacturing arms 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. The recovery was from the joint house. It
Patna High Court CR. MISC. No.21468 of 2026(2) dt.06-04-2026
2/2
has further been 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 25.10.2025.
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
Raghopur P.S. Case No. 404 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 Additional Chief Judicial
Magistrate, Birpur (Supaul).
(Ashok Kumar Pandey, J)
lata/-
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