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Patna High Court

Khushbu KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 25(1-B)(a), 26, 35
  • BNSS — s. 103(4), 482(2)

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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