Patna High Court
Hiralal Kumar Rajbhar @ Hiralal RajbharversusThe 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
Hiralal Kumar Rajbhar was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances (BNSS) Act, 2023 and the Arms Act. The prosecution alleged that a silver knife and a bike were recovered from his possession. The petitioner claimed innocence, arguing that the seizure was not conducted in accordance with Section 105 of the BNSS Act and that nothing was actually recovered from him. He also highlighted that he had been in judicial custody since 25 October 2025 and that the State’s opposition was based on three prior criminal cases. After hearing both sides, the High 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 the petitioner is entitled to bail despite the serious charges under the BNSS Act and Arms Act
- Whether the seizure of alleged articles complied with Section 105 of the BNSS Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Arms Act — s. 25(1-b)(i), 26, 35
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 303(2), 310(4), 310(5), 317(5), 331(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- criminal procedure
- seizure
- Arms Act
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27315 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Hiralal Kumar Rajbhar @ Hiralal Rajbhar S/O Dilip Rajbhar Resident of
Singhiya Basti, Gulabbagh, P.S.- Sadar, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Fazle Karim, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sessions Trial No. 167 of 2025 arising out of Sadar P.S.
Case No. 44 of 2025 registered for the offence punishable under
Sections 338, 336(3), 340(2), 331(4), 303(2), 317(5), 310(4),
310(5) and 3(5) of the B.N.S., 2023 and Sections 25(1-b)(i), 26
and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one silver knife and a bike 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
Patna High Court CR. MISC. No.27315 of 2026(2) dt.15-05-2026
2/2
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. Moreover, the
petitioner is languishing in judicial custody since 25.10.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of three cases.
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 District
and Additional Sessions Judge-VIII, Purnea in connection with
Sessions Trial No. 167 of 2025 arising out of Sadar P.S. Case
No. 44 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
Raushan/-
U T
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