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Patna High Court

Raman KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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