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Patna High Court

Satyanarayan Ram @ Satya Narayan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

Satyanarayan Ram applied for bail in a case registered under Sections 25(1‑B)(a), 26 and 35 of the Arms Act, where the prosecution alleged that a country‑made pistol was recovered from his possession. The petitioner claimed innocence, asserted that nothing was seized from him, and contended that the police failed to comply with Section 105 of the Bihar Police Act during the seizure. He also highlighted his clean criminal record and the fact that a similarly situated co‑accused had previously been granted bail in Cr. Misc. No. 84239 of 2025. The State opposed the bail application. After hearing both sides, the Court found the petitioner's arguments persuasive and ordered that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act provisions.
  • Whether the seizure of the firearm complied with Section 105 of the Bihar Police Act.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4055 of 2026
                    Arising Out of PS. Case No.-229 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Satyanarayan Ram @ Satya Narayan Ray S/O Parmeshwar Ray @
                 Parmeshwar Ram Resident of village - Birpur, P.S- Basopatti, District-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Basopatti P.S. Case No. 229 of 2025 registered for the offence

                   punishable under Sections 25(1-B)(a), 26, 35 of the Arms Act.

                                3. The case of the prosecution in short is that from the

                   possession of this petitioner, one country made pistol was

                   recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of this petitioner. It has also been

                   submitted that the police has not complied Section 105 of the
             Patna High Court CR. MISC. No.4055 of 2026(2) dt.06-02-2026
                                                         2/2




                       BNSS while making the seizure. The witnesses of seizure list are

                       police personnel. He further submits that a statement has been

                       made in para 3 of the petition that petitioner has no criminal

                       antecedent and he is languishing in judicial custody since

                       24.09.2025. Learned counsel has further submitted that similarly

                       situated other co-accused person has already been granted bail by

                       this court vide Cr. Misc. No. 84239 of 2025. The case of this

                       petitioner stands on similar footing.

                                    5. The application for bail is opposed by learned APP

                       for the State.

                                    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 Judicial

                       Magistrate 1st Class, Madhubani in connection with Basopatti P.S.

                       Case No. 229 of 2025.



                                              (Ashok Kumar Pandey, J)
lata/-
U        T


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