Patna High Court
Khushbu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, given the lack of direct possession and the procedural deficiencies in the search, the petitioner is entitled to bail.
Summary
The petitioner, Khushbu Kumari, was named in an FIR for alleged offences under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a pistol and four live cartridges were reportedly recovered from her house. She contended that the house was occupied by other family members, that she had no physical possession of the weapons, and that the search violated the mandatory provisions of Section 103(4) of the BNSS, with the seizure list lacking independent witnesses. The State opposed bail, arguing the seriousness of the arms offences. The Court noted that the recovery was not made from the petitioner’s direct possession, that she is a woman of clean antecedent and the wife of a co‑accused, and therefore found no justification to deny bail. Consequently, the Court ordered her release on bail of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of the firearm and cartridges was made in compliance with Section 103(4) of the BNSS.
- Whether the petitioner had physical possession of the seized weapons.
- Whether bail should be granted to the petitioner under the circumstances.
Legislation cited
Subjects
- bail
- Arms Act
- illegal search
- possession
- Criminal Procedure
- women
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40747 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- TELMAR District- Nalanda
======================================================
Khushbu Kumari W/o Sonu Kumar R/o Village- Hirdan Bigha, P.S- Telmar,
Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Telmar P.S. Case
No. 14/2026 registered for the offences punishable under
Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per FIR, one country made pistol along with
four live cartridges alleged to be recovered from the house
of petitioner. Informant is the police officer.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the house in issue was occupied
by different family members and, therefore, it can be safely
said that the recovery of firearm and live cartridge were not
made from the conscious physical possession of this
Patna High Court CR. MISC. No.40747 of 2026(2) dt.23-06-2026
2/3
petitioner. It is submitted that petitioner being a lady was
present in house as a housewife, where on the basis of
secret information regarding her husband search was
conducted. It is also submitted that compliance of mandatory
provisions as available under Section 103(4) of the BNSS,
regarding search prima-facie not appears followed in the
present case making the recovery doubtful on its face. It is
also submitted that seizure list appears doubtful being
supported by police personnel and not by independent
witnesses. While concluding argument it is submitted that
petitioner found involved in one criminal case, where she has
been acquitted.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as petitioner admittedly is the wife of
the co-accused against whom secret information was
received to have alleged firearm, coupled with the fact as
recovery of firearms not appears to be made from physical
possession of this petitioner, accordingly petitioner above-
named, who is a lady of clean antecedent, in the event of
Patna High Court CR. MISC. No.40747 of 2026(2) dt.23-06-2026
3/3
her arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned ACJM-II, Bihar Sharif, Nalanda/concerned
Court, where the case is pending in connection with Telmar
P.S. Case No. 14/2026, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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