Patna High Court
Jichchhu MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1‑B)a, 26
- BNSS — s. 105
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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