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Patna High Court

Amit Kumar Giri @ Amit GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                       2/2




                     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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