Patna High Court
Ram Babu PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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