Patna High Court
Boby KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Boby Kumar was arrested in connection with a case registered under several sections of the Bihar Narcotic and Substance (BNSS) Act, 2023 and the Arms Act. The prosecution alleged that police, acting on intelligence about a group of miscreants, raided a location and recovered a live cartridge from the petitioner. The petitioner contended that he was innocent, that nothing was seized from him, and that the police failed to comply with Section 105 of the BNSS during the seizure; he also highlighted his clean record and his custody since 31‑01‑2026. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the BNSS Act and the Arms Act
- Whether the seizure of the alleged cartridge complied with the procedural requirements of Section 105 of the BNSS Act
- Whether the petitioner poses a flight risk or threat to public safety warranting denial of bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26(1), 35
- B.N.S., 2023 — s. 105, 317(2), 317(5), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- BNSS Act
- Arms Act
- seizure
- police procedure
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22929 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- NAGARNAUSA District- Nalanda
======================================================
Boby Kumar S/O Late Shankar Ram R/O Village - Kabirpur, P.S - Shekhopur
Sarai, Dist - Sheikhpura, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Nagarnausa P.S. Case No. 14 of 2026 registered for the
offence punishable under Sections 317(2), 317(5), 318(4), 338,
336(3), 340(2) of the B.N.S., 2023 & Sections 25(1-B)a, 26(1),
35 of the Arms Act.
3. The case of the prosecution, in short, is that the
police had information that certain miscreants are gathered to
commit some offence. On this input, police raided the place of
occurrence and one live cartridge was recovered from the
possession of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.22929 of 2026(2) dt.07-04-2026
2/2
committed no offence. He has been falsely implicated in this
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 31.01.2026.
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
A.C.J.M., 1st Class, Hilsa (Nalanda) in connection with
Nagarnausa P.S. Case No. 14 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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