Patna High Court
Chandan Kumar @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, ordering a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chandan Kumar, was arrested under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a pistol was recovered from his residence. The recovery stemmed from a viral video showing Karu Paswan brandishing a pistol, who later informed police that the weapon was kept at the petitioner's house. The petitioner argued that there was no independent witness to the seizure and that the police failed to comply with Section 103 of the B.N.S.S., rendering the recovery procedurally defective. He had been in custody since 13 July 2025, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail, but the court, noting the procedural lapses and the petitioner's clean antecedent, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under the Arms Act in view of procedural irregularities in the seizure and the accused's clean antecedent.
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- seizure procedure
- Section 103 non‑compliance
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76633 of 2025
Arising Out of PS. Case No.-428 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Chandan Kumar @ Chandan Yadav s/o Ashok Yadav R/o Mohalla-
Khandakpar, PS- BIHAR, DISTRICT- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 25(1-b)a, 26, 35 of the Arms
Act.
3. As per FIR, country made pistol was recovered
from one room of the petitioner.
4. Learned counsel for the petitioner has submitted
that the case originated on the basis of the fact that one Karu
Paswan was seen in a viral video brandishing pistol in his hand
and when the police approached him, he disclosed that he kept
the said pistol in the house of his friend who is the present
petitioner. The said pistol was recovered from the house of the
petitioner, however, there is no independent witness to the
seizure list and there is complete non-compliance of Section 103
Patna High Court CR. MISC. No.76633 of 2025(4) dt.24-02-2026
2/2
of the B.N.S.S. Further, the petitioner is in custody since
13.07.2025 with no criminal antecedent and charge-sheet has
already been submitted.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the recovery
has been made at the instance of one Karu Paswan who owns
responsibility for the same, coupled with the fact that the
petitioner has clean antecedent, let the above named petitioner,
be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection with Bihar P.S.
Case No. 428 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…