Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail may be granted despite the Arms Act offences and alleged procedural lapses, provided the petitioner furnishes a bond, sureties and complies with the court‑imposed conditions.
Summary
The petitioner, Amit Kumar, was arrested on 19 August 2025 for possession of an unlicensed country-made pistol and two live cartridges, offences punishable under Sections 25(1‑B)(a) and 26(1) of the Arms Act. He applied for bail, contending that the seizure and investigation violated mandatory provisions of Sections 103 and 105 of the Bihar National Security and Surveillance Act, 2023, and that he had been in custody for an extended period without a charge‑sheet. The State opposed bail, highlighting four other pending cases against the petitioner, though he was on bail in those matters. The Court examined whether the procedural lapses and the petitioner’s antecedents warranted denial of bail. It concluded that bail could be granted subject to a cash bond, sureties and strict conditions, including cooperation with the trial and no tampering with evidence. Accordingly, the petitioner was released on bail with specified conditions.
Issues considered
- Whether bail should be granted to an accused charged under the Arms Act for possession of an unlicensed firearm.
- Whether non‑compliance with Sections 103 and 105 of the Bihar National Security and Surveillance Act, 2023, bars the grant of bail.
- Whether the petitioner’s antecedent criminal cases affect his eligibility for bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26(1)
- Bihar National Security and Surveillance Act, 2023 — s. 103, 105
Subjects
- bail
- Arms Act
- illegal possession of firearm
- procedural compliance
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32787 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- MATIHANI District- Begusarai
======================================================
Amit Kumar Son of Rama Nand Singh @ Ram Singh Resident of Village-
Sihma, Ward No. 6, P.S.- Matihani, District- Begusarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Arjun Prasad, learned counsel for the
petitioner and Ms. Sharda Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.08.2025 in connection with Matihani P.S. Case No. 153 of
2025 for the offences punishable under Sections 25(1-B)(a),
26(1) of Arms Act.
3. The case of the prosecution, in brief, is that on
19.08.2025 at about 05:35 pm the informant S.I Sanjeev Kumar
has recorded his self-statement at Sihma Maraiya Tola.
Informant has stated that on receiving secret information that
wanted accused Amit Kumar of Matihani P.S. Case No.- 45/25
was hiding in a thatched hut. After informing senior officers,
informant along with other police personnel reached the spot,
surrounded the hut and entered it in the presence of independent
witnesses Rahul Kumar Rai and Om Prakash. One person
wearing a white lungi attempted to flee away but was
apprehended and disclosed his name as Amit Kumar. Upon
Patna High Court CR. MISC. No.32787 of 2026(2) dt.13-05-2026
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search, a country-made pistol and two live cartridges were
recovered from his possession. Accused failed to produce any
valid license for the firearm and ammunition. Accordingly, the
weapon and cartridges were seized and the accused person was
arrested. Thereafter the present case was registered.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that one country-made
pistol and two live cartridges were recovered from the
possession of the petitioner and it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and police after investigation has submitted charge-sheet and
petitioner is in custody since 19.08.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of four cases other than
the present case but fairly submits that petitioner is on bail in the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Patna High Court CR. MISC. No.32787 of 2026(2) dt.13-05-2026
3/3
Magistrate-cum-A.M., Begusarai in connection with Matihani
P.S. Case No. 153 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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