Patna High Court
Avdhesh Rai @ Avdesh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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/-
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