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Patna High Court

Saurav Kumar @ Saurab KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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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