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Patna High Court

Ranjit Kumar @ Ranjit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specific conditions.

Summary

The petitioner, Ranjit Kumar, was arrested in connection with a case alleging possession of a loaded pistol and an empty cartridge, invoking Sections 25(1‑b)a and 26 of the Arms Act. He contended that the seizure was unlawful, lacking an independent witness and not complying with Section 103(4) of the Bhartiya Nyaya Suraksha Sanhita, 2023, and asserted his innocence. The State opposed bail, citing the seriousness of the offence. The Court, after evaluating the procedural deficiencies and the petitioner’s custody since October 2025, granted bail on the condition of a Rs.10,000 bond with two sureties and several compliance requirements. The order also stipulated cancellation of bail for non‑appearance, tampering with evidence, or involvement in similar offences.

Issues considered

  • What is the applicability of Section 103(4) of the Bhartiya Nyaya Suraksha Sanhita, 2023 to the seizure of the weapon?
  • Whether bail should be granted in a case under Sections 25(1‑b)a and 26 of the Arms Act given the alleged procedural lapses and the petitioner’s custody status?

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 103(4)
  • Bhartiya Nyaya Suraksha Sanhita
  • criminal procedure
  • surety
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2781 of 2026
                   Arising Out of PS. Case No.-192 Year-2025 Thana- CHANDRAMANDI District- Jamui
                 ======================================================
                 Ranjit Kumar @ Ranjit Yadav, S/O Ramesh Yadav, Resident of Village-
                 Chandramandih, Gangti, P.S-Chandramandih, District- Jamui.
                                                                         ... ... Petitioner/s

                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Advocate
                                                 Ms. Isha Mishra, Advocate
                 For the Opposite Party/s :      Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   23-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks bail in connection with

                   Chandramandih P.S. Case No. 192 of 2025 dated 09.10.2025

                   instituted for the offence punishable under Sections 25(1-b)a, 26

                   of the Arms Act.

                                 3. The allegation is of recovery of one country made

                   loaded pistol and one empty cartridge from the possession of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. Learned counsel for the petitioner further submits that

                   nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.2781 of 2026(3) dt.23-02-2026
                                            2/3




          the petitioner. There is no independent witness to the seizure

          list. The Seizure list has been prepared without following the

          provision of Section 103(4) of the Bhartiya Nyaya Suraksha

          Sanhita, 2023. Lastly, it has been submitted that the petitioner is

          in custody since 09.10.2025 having two criminal case against

          him. Charge-sheet has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned C.J.M., Jamui in

          connection with Chandramandih P.S. Case No. 192 of 2025,

          subject to the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his
           Patna High Court CR. MISC. No.2781 of 2026(3) dt.23-02-2026
                                                       3/3




                                     wife.

                                     3. The bailor shall also state on affidavit that he

                                     will inform the court concerned if the petitioner is

                                     made accused in any other case of similar nature

                                     after his release in the present case and thereafter

                                     the court below will be at liberty to initiate the

                                     proceeding for cancellation of bail on ground of

                                     misuse.

                                     4. If the petitioner tampers with the evidence or the

                                     witnesses, in that case, the prosecution will be at

                                     liberty to move for cancellation of bail.


                                                                         (Khatim Reza, J)

premchand/-

U      T


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