Patna High Court
Ranjit Kumar @ Ranjit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1‑b)a, 26
- Bhartiya Nyaya Suraksha Sanhita, 2023 — s. 103(4)
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
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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
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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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