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Patna High Court

Pritam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Pritam Kumar was arrested in a case registered under Sections 25(1‑B)(a), 25(1‑A) and 26 of the Arms Act after police recovered two country‑made pistols and two live cartridges from his possession following a tip about a scuffle. The petitioner claimed innocence, argued that no material was actually seized from him, and contended that the police had not complied with Section 105 of the B.N.S.S. He had been in judicial custody since 30‑Nov‑2025. The State opposed bail, highlighting five prior criminal cases against him. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs 10,000 with two sureties, directing the petitioner to appear before the ACJM, Gogari.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged possession of illegal arms under the Arms Act.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether non‑compliance with Section 105 of the B.N.S.S. by the police affects the bail application.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession
  • criminal antecedent
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40400 of 2026
                       Arising Out of PS. Case No.-307 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Pritam Kumar Son of Chano Yadav @ Chandeshwari Yadav Resident of
                 Village- Shergadh, ward No 15, PS -Gogari, Dist- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-06-2026                  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)

                   and 25(1-A) and 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that as the

                   police proceeded for investigation in Gogari P.S. Case No. 306

                   of 2025, he received a phone that on the road two groups of the

                   persons are scuffling and they are brandishing arms. On this

                   information, police reached there and from the possession of

                   this petitioner, two country made pistols and two live cartridges

                   were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
             Patna High Court CR. MISC. No.40400 of 2026(2) dt.24-06-2026
                                                         2/2




                       committed no offence. He has been falsely implicated in this

                       case. Learned counsel for the petitioner has submitted that

                       nothing has been recovered from his possession. It has further

                       been submitted that the seizure list witnesses are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       Petitioner is languishing in judicial custody since 30.11.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail and has submitted

                       that petitioner is having criminal antecedent of five cases.

                                    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 enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned

                       A.C.J.M., Gogari in connection with Gogari P.S. Case No. 307

                       of 2025.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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