Patna High Court
Raman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Raman Kumar was arrested in connection with the alleged possession of two country‑made pistols, a live cartridge and three empty cartridges, and charged under Section 317(5) of the Bihar Narcotic Substances (BNS) Act and Sections 25(1‑Ba), 26, 27 and 35 of the Arms Act. The petitioner claimed innocence, asserting that nothing was recovered from his possession and that the police failed to comply with Section 105 of the BNS Act while making the seizure. He had been in judicial custody since 19 March 2026. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Patna High Court found no compelling reason to deny bail and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the BNS Act and Arms Act.
- Whether the alleged procedural lapse in seizure (non‑compliance with Section 105 of the BNS Act) warrants bail.
- Whether the petitioner’s criminal antecedent precludes the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 27, 35
- Bihar Narcotic Substances Act — s. 105, 317(5)
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- procedural lapse
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32439 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- LAKHNAUR District- Madhubani
======================================================
Raman Kumar S/o Ram Prakash Yadav @ Ram Pravesh Yadav R/s Gangapur,
P.S.- Lakhnour, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 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 section 317(5) of
BNS and Sections 25(1-B)a/26/27/35 of the Arms Act.
3. The case of the prosecution is that from the
possession of this petitioner, two country made pistols along
with one live cartridge and three empty cartridges were
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 nothing has been
recovered from the possession of the petitioner. The seizure list
witnesses are police personnel and police has not followed
Patna High Court CR. MISC. No.32439 of 2026(2) dt.13-05-2026
2/2
Section 105 of BNSS while preparing the seizure. Moreover, he
is languishing in judicial custody since 19.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
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
Lakhnour P.S. Case No. 51 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 ACJM-I, Jhanjharpur
(Madhubani).
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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