Patna High Court
Pradip Kumar Sharma @ Pradeep Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail, holding that procedural deficiencies in the seizure and the petitioner’s clean record warranted release on bail.
Summary
The petitioner, Pradip Kumar Sharma, sought regular bail in a case where the police recovered two country‑made pistols, five live cartridges, and other items allegedly intended for illegal arms manufacturing from his residence. The petitioner, a carpenter, claimed innocence, arguing that the seized items were tools used in his shop and that the seizure violated Section 105 of the Bihar Narcotic Substances (B.N.S.) Act. The State opposed bail, citing the seriousness of the offences under Sections 25(1‑B)a, 26(2), and 35 of the Arms Act and Section 317(5) of the B.N.S. The court examined the lack of direct possession, the petitioner’s clean record, and procedural lapses in the seizure. Concluding that the circumstances did not warrant continued custody, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted to the accused under the Arms Act and B.N.S. provisions.
- Whether the seizure complied with Section 105 of the B.N.S. Act.
- Whether the petitioner’s lack of prior criminal record and alleged innocence justify bail.
Legislation cited
- Arms Act — s. 25(1-B)a, 26(2), 35
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26826 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- PAROO District- Muzaffarpur
======================================================
Pradip Kumar Sharma @ Pradeep Kumar Sharma, S/o Ramnath Thakur, R/o
vill - Mangurahiya, P.S. - Paru @ Paroo, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE
MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 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-B)a,
26(2) and 35 of the Arms Act and Section 317(5) of B.N.S.
3. The case of the prosecution, in short, is that from
the asbestos house of this petitioner, two country made pistols,
five live cartridges and other articles purported to be used in
manufacturing of 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
case. Nothing has been recovered from his possession. The tools
Patna High Court CR. MISC. No.26826 of 2026(2) dt.22-04-2026
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which have been recovered from the house of this petitioner are
used in his shop. Petitioner is a carpenter. It has further been
submitted that witnesses of the seizure list are police personnel.
Police has not complied Section 105 of the B.N.S.S. while
making the seizure. He is having no criminal antecedent and he
is languishing in judicial custody since 09.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for 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 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
J.M.F.C., Court No.9, Muzaffarpur (West) in connection with
Paroo P.S. Case No. 13 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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