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Patna High Court

Avdhesh Rai @ Avdesh RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, holding that procedural irregularities and the lack of concrete seizure evidence outweighed the effect of his antecedents.

Summary

The petitioner, Avdhesh Rai, sought regular bail in a case under sections 25(1‑B)a, 26 and 35 of the Arms Act, where the prosecution alleged that a country‑made pistol and thirteen live cartridges were recovered from his possession. The petitioner contended that nothing was seized from him, that the seizure list was prepared by police without complying with Section 105 of the Bihar Non‑Cooperation and Seizure Scheme (BNSS), and that he was being framed due to his prior criminal record. The State opposed the bail application. After hearing both sides, the court found that the petitioner’s claim of non‑recovery and procedural lapses warranted bail, despite his antecedents, and ordered his release on a bail bond of Rs.10,000 with two sureties and specific conditions. The bail was granted subject to the petitioner’s cooperation in trial, presence on all dates, a close‑relative bailor, and weekly attendance at the police station. The order effectively disposed of the bail petition.

Issues considered

  • What are the grounds for granting regular bail to a person accused under sections 25(1‑B)a, 26 and 35 of the Arms Act?
  • Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list justifies bail?
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail?

Legislation cited

  • Arms Act — s. 25(1‑B)a, 26, 35
  • Bihar Non‑Cooperation and Seizure Scheme (BNSS) — s. 105

Subjects

  • regular bail
  • Arms Act
  • seizure list
  • Section 105 BNSS
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28141 of 2026
                      Arising Out of PS. Case No.-172 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Avdhesh Rai @ Avdesh Rai S/o Babulal Ray Resident of Village-
                 Raghunathpur, P.S.- SAhebpur Kamal, District- Begusarai, Present Vill.-
                 Kamthan, P.S.- Morkahi, Dist.- Khagaria


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Indrajit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-06-2026                    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 and 35 of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner one country made pistol along with

                   thirteen live cartridges was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. There is no
Patna High Court CR. MISC. No.28141 of 2026(2) dt.19-06-2026
                                            2/3




          independent witness of the seizure list rather they are police

          personnel and police have not complied Section 105 of BNSS

          while preparing the seizure list. He has been framed in this case

          due to his criminal antecedent. He is having criminal

          antecedent of eight cases. Moreover, the petitioner is

          languishing in judicial custody since 26.11.2025.

                        5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular 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 released on bail in connection with

          Morkahi P.S. Case No. 172 of 2025 on furnishing bail bond of

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

          each to the satisfaction of learned A.C.J.M.-Ist, Khagaria with

          following conditions:-

                        (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every

          fixed date.

                        (ii) One of the bailors should be close relative of the

          petitioner.

                        (iii) Petitioner is also directed to mark his weekly
            Patna High Court CR. MISC. No.28141 of 2026(2) dt.19-06-2026
                                                        3/3




                      attendance at S. Kamal P.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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