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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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