Patna High Court
Pritam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act, 1959 — s. 25(1‑A), 25(1‑B)(a), 26
- B.N.S.S. — s. 105
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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