Patna High Court
Tufani KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding that the procedural deficiencies and lack of direct evidence did not justify continued detention.
Summary
The petitioner, Tufani Kumar, was arrested in connection with an alleged illegal arms seizure under Sections 25(1‑b)(a), 25(1)(a), 26(a) and 26(b) of the Arms Act. The prosecution claimed that a country‑made pistol and other illegal arms were recovered from an open field in Jaralhiya Bahiyar. The petitioner contended that he had no possession of the weapons, was falsely implicated, and that the police had not complied with 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 26‑12‑2025. After hearing both sides, the Court found that the procedural lapse and lack of direct evidence against the petitioner warranted bail. Accordingly, the Court ordered his release on a bail bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged seizure of illegal arms.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- procedural compliance
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22836 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- Mufassil District- Khagaria
======================================================
Tufani Kumar S/o- Bhairav Mandal @ Bhairab Mandal Resident of Village-
Jangli Mandal Tola, P.S.- Muffassil, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate.
Mr. Amit Prakash, Advocate.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with G.R. No. 3570 of 2025 arising out of Khagaria Muffasil
P.S. Case No. 181 of 2025 registered for the offence punishable
under Sections 25(1-b)a, 25(1)(a), 26(a) and 26(b) of the Arms
Act.
3. The case of the prosecution, in short, is that from an
open field, specifically in Jaralhiya Bahiyar, from a ditch, a
country-made pistol and other articles of manufacturing illegal
arms 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
Patna High Court CR. MISC. No.22836 of 2026(3) dt.29-06-2026
2/2
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
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 26.12.2025.
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 learned Chief
Judicial Magistrate, Khagaria in connection with G.R. No. 3570
of 2025 arising out of Khagaria Muffasil P.S. Case No. 181 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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