Patna High Court
Basant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding insufficient justification for continued detention.
Summary
The petitioner, Basant Kumar, was arrested in connection with a robbery in which Rs.40,000 was allegedly snatched at gunpoint and a country‑made pistol was recovered from his possession. He contends that the pistol was planted by the informant, that no seizure was made from his person at the time of arrest, and that he has no criminal antecedents, having been in judicial custody since 14‑01‑2026. The prosecution charged him under sections 126(2), 115(2), 109, 303(2) and 3(5) of the Bihar Non‑Uniformed Service (BNS) Act and sections 25(1‑Ba), 26, 35 and 37(b) of the Arms Act. The State opposed regular bail, while the petitioner’s counsel argued innocence and lack of proper seizure. After hearing both sides, the Court found merit in the petitioner’s claim of insufficient evidence and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied to the S.D.J.M., Birpur, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the seizure of the pistol from the petitioner’s possession was lawful and substantiated.
- Whether the evidence on record justifies continued judicial custody.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35, 37(b)
- Bihar Non‑Uniformed Service (BNS) Act — s. 109, 115(2), 126(2), 303(2), 3(5)
Subjects
- regular bail
- robbery
- arms possession
- false evidence
- bail petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31567 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- PRATAPGANJ District- Supaul
======================================================
Basant Kumar son of Shyam Sundar Mukhiya R/V- Katkholwa, Ward no. 01,
P.S.- Triveniganj, District-Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 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 126(2),
115(2), 109, 303(2) and 3(5) of BNS and Sections 25(1-B)a, 26,
35 and 37(b) of the Arms Act.
3. The case of the prosecution is that three unknown
miscreants have snatched Rs. 40,000/- from the informant on gun
point. As informant started raising alarm, the villagers arrived and
apprehended this petitioner and from his possession, one country
made pistol 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 from perusal of the
FIR, it transpires that the occurrence is of 1PM and from perusal
Patna High Court CR. MISC. No.31567 of 2026(2) dt.12-05-2026
2/2
of the presentation cum seizure list, it transpires that the country
made pistol has been handed over to the police at 8:45 PM.
Learned counsel has further submitted that no seizure has been
made from the possession of this petitioner by police. The country
made pistol which is alleged to be seized from the possession of
this petitioner is actually planted by the informant due to enmity.
No such occurrence is taken place. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
14.01.2026.
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
Pratapganj P.S. Case No. 09 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Birpur, Supaul.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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