Patna High Court
Ritik SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1-b)a, 26, 35
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
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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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