Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bond and verification of his criminal antecedent.
Summary
Santosh Kumar sought anticipatory bail after police raided his joint family house based on a tip from his agnate, recovering a revolver. He alleged that he was not present at the time, that the seizure list violated Section 103(4) of the B.N.S.S., and that the case was fabricated due to a land dispute with his relative. The prosecution alleged offences under Sections 25(1‑b)a, 26 and 27 of the Arms Act. The court noted the petitioner’s clean antecedent, the joint family nature of the premises, and the procedural irregularities, and therefore granted anticipatory bail subject to a bond and verification of his criminal record. The bail order also imposed conditions for cancellation if any concealed antecedent is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under the Arms Act.
- Whether the seizure of the revolver complied with the procedural requirements of Section 103(4) of the B.N.S.S.
Legislation cited
Subjects
- anticipatory bail
- Arms Act
- seizure procedure
- joint family property
- false implication
- land dispute
- criminal antecedent
- Section 103(4) B.N.S.S.
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34098 of 2026
Arising Out of PS. Case No.-585 Year-2025 Thana- DHANARUA District- Patna
======================================================
Santosh Kumar S/o Bijendra Singh Resident of Village- Hulaschak, Post- Bir,
P.S.- Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Dhanarua P.S. Case No. 585 of 2025, for allegedly having
committed offences under Sections 25 (1-b)a/ 26/27 of the Arms
Act.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to the
effect that on 30.09.2025, at about 07:40 p.m., while the informant
and other police personnel were on vehicle checking and raid duty,
they received an information at 20:15 hours that in village
Hulaschak firing is being done by Santosh Kumar on the house of
Mobile No. bearing 9006459971. The informant along with police
personnel reached the village at around 20:40 hours and conducted
raid at the house of the petitioner, however the petitioner was not
Patna High Court CR. MISC. No.34098 of 2026(2) dt.19-05-2026
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found there. In presence of the witnesses, house of petitioner was
searched from where one revolver was found kept in a carton.
Seizure list was prepared on which police personnel put their
respective signature.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case by his agnate Amresh Kumar, with whom land
dispute is going on. He further submits that the petitioner was not
even present at the place of occurrence and nothing has been
recovered from the possession of the petitioner. He further submits
that the seizure list has been prepared in violation of the provisions
contained under Section 103(4) of the B.N.S.S., since no
independent witnesses have come forward to be a witness on the
alleged seizure list. He further submits that the house from where
the revolver is set to have been recovered is a joint family property
and many family members and agnates are residing. He further
submits that petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Having heard the learned counsel for the parties and
after going through the records, it appears that on the telephonic
information given by the agnate of the petitioner, raid was
conducted in the joint family house of the petitioner, from where
Patna High Court CR. MISC. No.34098 of 2026(2) dt.19-05-2026
3/3
one revolver was found kept in a carton, however the petitioner
was not present at the place of occurrence. It further appears that
house is a joint family property in which many persons are
residing and the petitioner has got a clean antecedent.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M,
Masaurhi, Patna in connection with Dhanarua P.S. Case No.585 of
2025, subject to the conditions laid down under Section 482(2) of
the B.N.S.S. with a further condition that:-
The learned court concerned 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
concerned shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/Shital
U T
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