Patna High Court
Ashutosh Kumar @ MonuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Non-Statutory (BNSS) — s. 105
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.