Patna High Court
Amit Kumar Giri @ Amit GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Amit Kumar Giri applied for bail in a case registered under Sections 25(1‑B)a, 26 and 35 of the Arms Act, where the prosecution alleged that a live cartridge was recovered from his possession. The petitioner contended that he was falsely implicated, that nothing was seized from him, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He had been in judicial custody since 2 February 2026. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Additional Chief Judicial Magistrate‑VI, Bhojpur.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑B)a, 26 and 35 of the Arms Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process affects the bail decision.
- Whether the petitioner’s criminal antecedent justifies denial of bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- criminal antecedent
- judicial custody
- police compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28364 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- SAHAR District- Bhojpur
======================================================
Amit Kumar Giri @ Amit Giri S/o Kedar Giri Resident of Fatehpur Mathiya,
P.S- Sahar, Distt.- Bhojpur, ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar No I, Adv.
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sahar P.S. Case No. 22 of 2026 registered for the offence
punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one live cartridge was
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
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
Patna High Court CR. MISC. No.28364 of 2026(2) dt.05-05-2026
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105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
02.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
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
Additional Chief Judicial Magistrate-VI, Bhojpur at Ara in
connection with Sahar P.S. Case No. 22 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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