Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner.
Summary
Guddu Kumar was arrested in connection with an alleged violation of the Arms Act, specifically sections 25(1‑B)(A), 26 and 35, for allegedly keeping a country‑made pistol and live cartridges in the house of Vakil Rai. The prosecution claimed the weapons were recovered from the premises, but not from the petitioner’s personal possession, and there were no independent witnesses to the seizure. The petitioner, a young student with no prior criminal record, applied for bail, arguing that the mandatory provisions for recovery and seizure were not complied with. The State opposed bail, relying on the FIR allegations. The Court, after considering that the recovery was not from the petitioner’s personal possession and noting his lack of antecedents, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail order was directed to be complied with by the appropriate court in Vaishali.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑B)(A), 26 and 35 of the Arms Act.
- Whether the recovery of the weapon from the premises, without personal possession or independent witnesses, violates mandatory provisions and warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(A), 26, 35
Subjects
- bail
- Arms Act
- illegal possession
- recovery and seizure
- personal possession
- criminal procedure
- young offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36365 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- JURAWANPUR District- Vaishali
======================================================
Guddu Kumar Son of Bindeshwar Rai @ Baleshwar Rai Resident of Village -
Rampur Karari Barari, P.S.- Jurawanpur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kahkashan Alam, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh No.1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-06-2026 Heard Ms. Khakashan Alam, learned counsel for the
petitioner and Mr. Aditya Narayan Singh No.1, learned APP for
the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 25(1-B)(A), 26, 35 of
the Arms Act.
3. As per the prosecution case, the allegation
against the petitioner is that he was apprehended from the
house of Vakil Rai where he along with other co-accused had
kept a country made pistol and two live cartridges.
4. Learned counsel for the petitioner submits that it
would be evident from the First Information Report itself that
the recovery of the country made pistol and the cartridges was
made from the premises of one Vakil Rai and an allegation has
Patna High Court CR. MISC. No.36365 of 2026(2) dt.10-06-2026
2/2
been made upon this petitioner that he alongwith another co-
accused had kept the said pistol in the house of Vakil Rai, since
there was a land dispute. It has been argued that there is no
recovery from the personal or conscious possession and there is
no independent witness to the search and seizure, as such, the
mandatory provisions have been violated. Further, the
petitioner is a young boy and also a student having no criminal
antecedent and he is in custody since 08.04.2026.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the recovery is not
from the personal possession of the petitioner, let the above
named petitioner, 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 ACJM-14,
Vaishali at Hajipur/concerned Court below in connection with
Jurawanpur P.S. Case No. 78 of 2026.
(Soni Shrivastava, J)
anand/-
U T
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