Patna High Court
Manish KumarversusThe 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
Manish Kumar was arrested in connection with a case registered under Sections 25(1‑b)(a) and 26 of the Arms Act for alleged possession of a country‑made pistol. The prosecution claimed the weapon was recovered from his possession, while the petitioner contended that nothing was seized and that the police failed to comply with Section 105 of the BNSS in preparing the seizure list. He has been in judicial custody since 28‑01‑2026 and has no prior criminal record. The State opposed bail, but the court, after hearing both sides and considering the procedural irregularities and the petitioner’s clean antecedent, ordered that bail be granted on a bond of Rs 10,000 with two sureties. The order directs the petitioner to appear before the learned Chief Judicial Magistrate, Purnea, for bail formalities.
Issues considered
- Whether bail should be granted to the accused under the Arms Act when the seizure of the alleged weapon is contested and procedural compliance under Section 105 of the BNSS is alleged to be lacking.
Legislation cited
Subjects
- bail
- Arms Act
- illegal firearm
- seizure procedure
- Section 105 BNSS
- judicial custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26842 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- KASBA District- Purnia
======================================================
Manish Kumar Son of Late Pravesh Singh Resident of Village- Garhbanaili
Simaria, ward no. 02, P.S.- Kasba, District- Purnia, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kasba P.S. Case No.38 of 2026 registered for the offence
punishable under Sections 25(1-b)(a) and 26 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, country made pistol was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
105 of the BNSS. Learned counsel for the petitioner has further
Patna High Court CR. MISC. No.26842 of 2026(2) dt.23-04-2026
2/2
submitted that the petitioner is in judicial custody since
28.01.2026 having no criminal antecedent.
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
C.J.M., Purnea, in connection with Kasba P.S. Case No.38 of
2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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