Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted because the recovery was not from the petitioner’s personal possession, there were procedural lapses in the seizure, and the petitioner had no prior criminal record.
Summary
The petitioner, Subodh Kumar, was charged under Sections 317(4), 317(5), 310(4), 310(5) of the B.N.S Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act for allegedly cutting and selling stolen electric wires and for possession of a loaded pistol recovered from a seized vehicle. He contended that he was neither the owner nor the driver of the vehicle, that the seized items were not in his personal possession, and that the search and seizure did not comply with mandatory procedural requirements. The petitioner also highlighted his lack of any prior criminal record and that he had been in custody since 3 April 2026. The State opposed bail. The Court, after considering the facts, noted the absence of personal possession, procedural lapses, and the petitioner’s clean record, and ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S Act and Arms Act
- Whether the recovery of the alleged contraband from the vehicle, and not from the petitioner’s personal possession, affects bail eligibility
- Whether procedural lapses in the search and seizure justify bail
- Whether the petitioner’s lack of prior criminal antecedents warrants bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- B.N.S. Act — s. 310(4), 310(5), 317(4), 317(5)
Subjects
- bail
- theft of electric wire
- arms possession
- search and seizure
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35987 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda
======================================================
Subodh Kumar Son of Sanjit Das @ Sanjit Ravidas Resident of Village -
Dayachak, P.S.- Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankita Singh
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 317(4), 317(5),310(4),310(5)
of B.N.S. and Sections 25 (1-B)(a), 26, 35 of Arms Act.
3. Allegation against the petitioner is that he used to
cut electric wire from different places and sell stolen electric
wire to other co-accused.
4. Learned counsel for the petitioner submits that the
petitioner was named as one of the five persons who were
apprehended from a car from which some electric wire, cutter
and one loaded pistol was recovered. It is submitted that the
petitioner is neither the owner nor the driver of the seized
vehicle and no recovery has been made from his personal or
Patna High Court CR. MISC. No.35987 of 2026(2) dt.08-06-2026
2/2
conscious possession. Further, there is no compliance of the
mandatory provisions of search and seizure as the witnesses are
police personnel. Further, petitioner having no criminal
antecedent is in custody since 03.04.2026.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the recovery
was made from the car and not from his personal possession and
coupled with the fact that the petitioner has no criminal
antecedent, let the above named petitioner, be enlarged 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 court below where the case is pending/successor
court in connection with Rahui P.S. Case No. 157/2026.
(Soni Shrivastava, J)
Ayush/devendra/-
U T
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