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Patna High Court

Ashutosh Kumar @ MonuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Ashutosh Kumar, was arrested in connection with a case involving possession of a two‑country‑made pistol and three live cartridges, alleged under Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. He applied for bail, contending that nothing was recovered from his possession, that the seizure was not made in compliance with Section 105 of the BNSS, and that he has no prior criminal record, having been in judicial custody since 11‑02‑2026. The State opposed the bail, relying on the prosecution’s seizure report. The Court, after hearing both sides, found the petitioner’s arguments persuasive enough to merit bail, subject to a bond of Rs.10,000 with two sureties. Consequently, the petitioner was ordered to be released on bail upon furnishing the required bond.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act offenses.
  • Whether the seizure of the weapon and cartridges complied with Section 105 of the BNSS.
  • Whether the petitioner’s lack of prior criminal antecedents and custodial period justify bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105 BNSS
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31705 of 2026
                  Arising Out of PS. Case No.-18 Year-2026 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
                 Ashutosh Kumar @ Monu S/o Ajay Kumar Singh Resident of village-
                 Ramakishanpur, Police Station- Karpurigram, District- Samastipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, 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 bail in connection

                   with Karpurigram P.S. Case No.18 of 2026 registered for the

                   offence punishable under Sections 25(1-b)a, 26, 35 & 27 of the

                   Arms act.

                                3. The case of the prosecution, in short, is that from

                   possession of this petition two country made pistol and three

                   live cartridges were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. The witnesses of the seizure list

                   are police personnel and police have not complied Section 105

                   of the BNSS while making seizure. It has further been submitted
            Patna High Court CR. MISC. No.31705 of 2026(2) dt.12-05-2026
                                                        2/2




                      that petitioner is having no criminal antecedent and he is in

                      judicial custody since 11.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 court of learned

                      Judicial Magistrate – Ist Class, Samastipur, in connection with

                      Karpurigram P.S. Case No.18 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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