Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Rohit Kumar, a student and tenant of a house in Vishnupad, Gaya, was arrested for alleged possession of a pistol, a rifle, and live cartridges, offences under Sections 25(1‑A), 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution claimed the weapons were recovered from the house, while the petitioner argued he was merely a tenant, had no possession of the arms, and that the police failed to comply with Section 105 of the B.N.S.S. during seizure. He has no prior criminal record and has been in judicial custody since 8 March 2026. The State opposed bail. After hearing both sides, the Patna High Court found the bail application credible and ordered the petitioner to be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the ACJM‑VI, Gaya.
Issues considered
- Whether regular bail can be granted to an accused under the Arms Act for offences under Sections 25(1‑A), 25(1‑B)(a), 26 and 35.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail decision.
- Whether the petitioner’s tenancy status and lack of possession of the seized weapons justify bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure procedure
- tenancy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41149 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- VISHNUPAD District- Gaya
======================================================
Rohit Kumar S/o Sanjay Yadav Resident of Village- Shekhbigha, P.S.-
Sarbahada, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 25(1-A),
25(1-B)(a), 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the house of the petitioner, one country made pistol, one single
barrel rifle and two live cartridges were 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 the
house from where the recovery was made, does not belong to
the petitioner rather he is tenant in that house. He is not the
Patna High Court CR. MISC. No.41149 of 2026(2) dt.30-06-2026
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owner of that house. It has further been submitted that the
petitioner is the resident of Village-Shekhbigha, P.S.-Sarbahda,
District-Gaya Ji whereas the house from where the recovery has
been made is in P.S.-Vishnupad. It has further been submitted
that nothing has been recovered from his possession. Petitioner
is a student. Witnesses of seizure list are police personnel.
Police has not complied Section 105 of the B.N.S.S. while
making the seizure. Petitioner is having no criminal antecedent
and he is languishing in judicial custody since 08.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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
A.C.J.M.-VI, Gaya Ji in connection with Vishnupad P.S. Case
No. 111 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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