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Patna High Court

Basant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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