Patna High Court
Dabloo Kumar @ GautamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dabloo Kumar, was arrested in connection with a theft and alleged possession of a pistol, facing charges under Sections 25(1‑b)a and 35 of the Arms Act and Sections 111(4) and 112 of the Bihar Narcotic Substances Act. The prosecution claimed the weapon was recovered from his possession, while the petitioner contended that no weapon was found on him, that the seizure was not made in accordance with Section 105 of the BNSS, and that he has no prior criminal record. He had been in judicial custody since 16‑12‑2025. The State opposed regular bail, but the court, after hearing both sides, found the procedural lapse and lack of concrete evidence sufficient to grant bail. The court ordered his release on a regular bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the arms and narcotic offences.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in the seizure process warrants bail.
- Whether the evidence presented by the prosecution is sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 35
- Bihar Narcotic Substances Act — s. 105, 111(4), 112
Subjects
- regular bail
- Arms Act
- Bihar Narcotic Substances Act
- procedural lapse
- seizure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33193 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SACHIVALAYA District- Patna
======================================================
Dabloo Kumar @ Gautam S/o Umesh Prasad R/o Village - Shyam Nagar, P.S
- Deepnagar, District - Nalanda At present Road No. 23, Rajeev Nagar, P.S -
Rajeev Nagar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-b)a
and 35 of the Arms Act and Sections 111(4) and 112 of BNS.
3. The case of the prosecution is that from E-rickshaw,
four persons were apprehended and they disclosed that they
were committing theft in the night. It is alleged that from the
possession of this petitioner, one country made pistol was
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
Patna High Court CR. MISC. No.33193 of 2026(2) dt.18-05-2026
2/2
recovered from the possession of the petitioner. The seizure list
witnesses are police personnel and police has not followed
Section 105 of BNSS while preparing the seizure. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 16.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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
Sachivalaya P.S. Case No. 240 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM, II, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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