Patna High Court
Pappu Kumar @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1‑b)(a), 26, 35
- Bihar Narcotic Substances (BNSS) Act — s. 105
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.