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Patna High Court

Jichchhu MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Jichchhu Mahto was arrested in connection with a case under sections 25(1‑B)a and 26 of the Arms Act, alleging that a pistol and sixteen live cartridges were recovered from his possession. The petitioner contended that he is innocent, that nothing was seized from him, and that the police failed to prepare a proper seizure list in violation of Section 105 of the BNSS. He had been in judicial custody since 3 August 2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs 10,000 with two sureties, directing his release pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the alleged possession of an unlicensed firearm and ammunition
  • Whether the seizure of the weapon and cartridges complied with procedural requirements under Section 105 of the BNSS
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure
  • police procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37074 of 2026
                       Arising Out of PS. Case No.-191 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Jichchhu Mahto S/O Late Bishwanath Mahto R/O Village - Fudkichak, Ward
                 No.- 04, P.S- Gogri., Distt- Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandan Kumar Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 25(1-B)a/26

                   of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol along with

                   sixteen live cartridges 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

                   recovered from the possession of the petitioner. There is no

                   independent witness of the seizure list rather they are police

                   personnel and police have not complied Section 105 of BNSS
            Patna High Court CR. MISC. No.37074 of 2026(2) dt.15-06-2026
                                                        2/2




                      while preparing the seizure list. Moreover, the petitioner is

                      languishing in judicial custody since 03.08.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having one criminal antecedent.

                                   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

                      Gogari P.S. Case No. 191 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 Chief Judicial Magistrate,

                      Khagaria.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


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