Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
Prince Kumar, a student with one prior criminal antecedent, was in judicial custody for alleged offences under Sections 25(1‑B)(a) and 26 of the Arms Act, 1959. The prosecution claimed that seven live cartridges were recovered from the petitioner’s bed, but the defence argued that the seizure was made from a joint house and not from his personal possession, and that the police did not comply with Section 105 of the BNSS while seizing the items. The petitioner applied for bail, offering a bond of Rs.10,000 with two sureties. After hearing both sides, the Patna High Court found that the circumstances did not warrant continued detention and ordered the petitioner to be released on bail subject to the bond and sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Sections 25(1‑B)(a) and 26 of the Arms Act, 1959.
- Whether the seizure of the cartridges complied with Section 105 of the BNSS and thus affects the bail consideration.
- Whether the alleged possession of the cartridges by the petitioner is sufficient to deny bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26
- BNSS — s. 105
Subjects
- bail
- Arms Act
- possession
- seizure
- Section 105
- surety
- criminal procedure
- student
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32964 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- NAUBATPUR District- Patna
======================================================
Prince Kumar S/o Sudhir Kumar R/o Village - Parsa, P.S - Naubatpur, District
- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gaurav Kishore
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Naubatpur P.S. Case No. 190 of 2026 registered for the
offence punishable under Sections 25(1-B)(a), 26 of the Arms
Act 1959.
3. The case of the prosecution, in short, is that from
the bed of this petitioner, altogether 7 live cartridges were
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Recovery has been made from
the joint house. It has further been submitted that the witnesses
of the seizure list are police personnel and police have not
Patna High Court CR. MISC. No.32964 of 2026(2) dt.14-05-2026
2/2
complied Section 105 of the BNSS while making seizure. It has
further been submitted that the petitioner is a student having one
criminal antecedent and he is in judicial custody since
21.03.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
A.C.J.M. VI, Danapur in connection with Naubatpur P.S. Case
No. 190 of 2026.
(Ashok Kumar Pandey, J)
sanjeev/-
U T
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