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Patna High Court

Ritik SoniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Ritik Soni, applied for bail in a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleging that no weapon was recovered from his possession and that the police seizure did not comply with Section 105 of the BNSS. The prosecution claimed that a country‑made pistol and a live cartridge were seized from the petitioner. The petitioner asserted he has no prior criminal record and has been in judicial custody since 14‑12‑2025. The State opposed bail. After hearing both sides, the Court found merit in the petitioner's contentions and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act.
  • Whether the seizure of the alleged weapon complied with Section 105 of the BNSS.
  • Whether the petitioner’s lack of criminal antecedent and period of judicial custody justify bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23093 of 2026
                      Arising Out of PS. Case No.-682 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Ritik Soni Son of Ritesh Prasad Soni Ro Gopalganj Ward No.- 7, Hajiyapur
                 Tola, P.S.- Gopalganj, District - Gopalganj, Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Shekhar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kateya P.S. Case No.682 of 2025 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 from

                   the possession of this petitioner one country made pistol and a

                   live cartridge were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. Learned counsel for the

                   petitioner has further submitted that the witnesses of the seizure

                   list are police personnel and police has not complied Section

                   105 of the BNSS while making seizure. Learned counsel for the
            Patna High Court CR. MISC. No.23093 of 2026(2) dt.08-04-2026
                                                        2/2




                      petitioner has further submitted that the petitioner is having no

                      criminal antecedent and he is in judicial custody since

                      14.12.2025.

                                   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

                      CJM, Gopalganj in connection with Kateya P.S. Case No.682 of

                      2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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