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Patna High Court

Ram Babu PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing release on a Rs 10,000 bond with two sureties.

Summary

Ram Babu Paswan was arrested in Dalsinghsarai on suspicion of illicit liquor possession and was found with a bike and a pistol, leading to charges under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The petitioner contended that the bike belonged to him, nothing was recovered from his person, and that the police had not complied with Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 16‑02‑2026. The State opposed bail, arguing the seriousness of the arms offences. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act offences (Sections 25(1‑b)(a), 26, 35).
  • Whether the seizure of the bike and pistol complied with Section 105 of the BNSS.
  • Whether the petitioner’s lack of prior criminal antecedent and custody duration justify bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105
  • police compliance
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41144 of 2026
                 Arising Out of PS. Case No.-77 Year-2026 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Ram Babu Paswan S/O Shankar Paswan R/O Village- Mathurapur, P.S -
                 Dalsinghsarai, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   29-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Dalsingsarai P.S. Case No.77 of 2026 registered for the

                   offence punishable under Sections 25(1-b)(a), 26 and 35 of the

                   Arms Act.

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

                   had proceeded for apprehending the accused of illicit liquor.

                   They saw two persons coming on a bike. The suspected persons

                   were intercepted and the petitioner is one of them. It is further

                   stated that from possession of this petitioner, one country made

                   pistol and a bike was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the bike which has been recovered
            Patna High Court CR. MISC. No.41144 of 2026(2) dt.29-06-2026
                                                        2/2




                      from the possession of this petitioner belongs to him. It has

                      further been submitted that nothing has been recovered from the

                      possession of this petitioner. It has further been submitted that

                      the witnesses of the seizure list are police personnel and police

                      have not complied Section 105 of the BNSS while making

                      seizure. It has further been submitted that the petitioner is

                      having no criminal antecedent and he is in judicial custody since

                      16.02.2026.

                                   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 court of learned

                      Additional        Chief      Judicial      Magistrate-I,   Dalsinghsarai,

                      Samastipur in connection with Dalsingsarai P.S. Case No.77 of

                      2026.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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