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Patna High Court

Pappu Kumar @ Avinash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Pappu Kumar, was arrested in connection with a case registered under sections 25(1‑b)(a), 26 and 35 of the Arms Act after a police raid recovered three country‑made loaded pistols, a pen pistol and 132 live cartridges from his house. The petitioner contended that the weapons belonged to his son, who was dealing in arms, and that nothing was found in his personal possession. He also argued that the seizure was not made in compliance with Section 105 of the Bihar Narcotic Substances (BNSS) Act and that he had only one prior criminal case, not five as claimed by the prosecution. The State opposed bail, citing the seriousness of the offence and alleged multiple antecedents. The High Court, after considering the factual matrix and procedural issues, decided to grant regular bail on the condition of a Rs.10,000 bond with two sureties, directing the petitioner to be released.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the alleged possession of illegal arms under the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS Act during seizure affects the bail application.
  • Whether the petitioner’s criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • seizure procedure
  • Section 105 BNSS
  • criminal antecedent
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7729 of 2026
                      Arising Out of PS. Case No.-399 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Pappu Kumar @ Avinash Kumar S/O Vasgit Singh R/o Vill-badki Kopa, Ps-
                 naubatpur, Dist-patna At Present R/o Snehi Tola, Khelmaidan, Ps-naubatpur,
                 Dist-patna                                                ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-03-2026                     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-b)

                   (a), 26 and 35 of the Arms Act

                                3. The prosecution case, in short, is that from the

                   house of this petitioner, three country-made loaded pistols, one

                   pen pistol, and 132 live cartridges were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that, as

                   per the prosecution case, the son of the petitioner was dealing in

                   arms and there is no allegation against this petitioner of keeping

                   arms. At the time of the raid, the son of the petitioner fled away

                   and the recovery was made.
            Patna High Court CR. MISC. No.7729 of 2026(3) dt.11-03-2026
                                                        2/2




                                   5. Learned counsel for the petitioner has further

                      submitted that nothing has been recovered from the possession

                      of this petitioner. The witnesses of the seizure list are police

                      personnel only. The police have not complied with Section 105

                      of the BNSS while making the seizure. The petitioner is in

                      custody since 31.07.2025 and has a criminal antecedent of one

                      case.

                                   6. Learned APP for the State has vehemently opposed

                      the prayer for bail and has stated that the learned Trial Court

                      recorded that this petitioner has criminal antecedents of five

                      cases. However, from perusal of paragraph 60 of the case diary,

                      it appears that the petitioner has only one criminal antecedent.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Naubatpur P.S. Case No. 399 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      ACJM-VI, Danapur, Patna.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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