Patna High Court
Saurav Kumar @ Saurab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to monetary and personal surety conditions and compliance with Section 480(3) of the BNSS.
Summary
The petitioner, Saurav Kumar, was arrested for allegedly carrying a country‑made pistol without any cartridge and was charged under Sections 25(1‑B), 25(a), 26 and 35 of the Arms Act. He pleaded innocence, asserting that no ammunition was recovered, the firearm was therefore useless, and that he has a clean antecedent. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating evidence and the long period of custody since 24‑02‑2026. The court, considering the absence of ammunition, the petitioner’s clean record, and the circumstances of the case, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order also stipulated attendance at court dates and cancellation of bail upon repeated non‑appearance.
Issues considered
- Whether bail should be granted to a person charged under the Arms Act for possession of an unammunitioned firearm.
- Whether the absence of ammunition and the petitioner’s clean antecedent justify bail.
- Application of Section 480(3) of the BNSS in imposing bail conditions.
Legislation cited
Subjects
- Arms Act
- bail
- possession of firearm
- clean antecedent
- Section 480(3) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32375 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Saurav Kumar @ Saurab Kumar son of Mukesh Singh @ Mukesh Kumar
Resident of Village- Bari Aghu (Bari Eighu), Ward No 41 PS- Muffasil
District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Muffasil P.S. Case No. 40 of 2026, registered
for the offences under Sections 25(1-B), a, 26, 35 of the Arms
Act.
3. As per the prosecution case, petitioner was
apprehended carrying a country made katta but without any
cartridge.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Nothing incriminating has been
recovered from person or possession of the petitioner. From bare
Patna High Court CR. MISC. No.32375 of 2026(2) dt.12-05-2026
2/3
perusal of the FIR it is evident that no cartridge has been seized
from the country made pistol allegedly found in the possession
of the petitioner and therefore this firearm was useless. The
petitioner has clean antecedent. The petitioner is in custody
since 24.02.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
recovery of firearm without any ammunition and also
considering the period of custody of the petitioner and his clean
antecedent, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned ACJM-1, Begusarai/concerned court, in
connection with Muffasil P.S. Case No. 40 of 2026, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
Patna High Court CR. MISC. No.32375 of 2026(2) dt.12-05-2026
3/3
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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