Patna High Court
Pankaj Kumar @ Prabhakar Kumar Singh @ Pankaj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
Pankaj Kumar was arrested in connection with a case involving the alleged possession of several firearms and related items, alleged to violate multiple provisions of the Arms Act and the Bihar Narcotic Substances (BNSS) Act, 2023. The prosecution claimed that the weapons were recovered from his possession during a secret search. The petitioner contended that he is innocent, holds a valid license for his fabrication business, and that the seizure was not conducted in accordance with Section 105 of the BNSS, rendering the evidence inadmissible. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the arms and narcotics offences.
- Whether the seizure of the firearms complied with the procedural requirements of Section 105 of the BNSS, 2023.
- Whether the existence of a valid licence and alleged lack of actual possession affect the bail decision.
- Whether the accused's prior criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1)(1-AA), 25(1)(1-B)(c)26, 25(1)(a)(c), 25(1-B)a, 28, 35
- B.N.S., 2023 — s. 105, 111(2), 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- arms possession
- Arms Act
- B.N.S. 2023
- procedural lapse
- seizure
- licence
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77561 of 2025
Arising Out of PS. Case No.-63 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Pankaj Kumar @ Prabhakar Kumar Singh @ Pankaj Kumar Singh S/O
Rajeshwar Singh R/O Village- Gadh Sirisiya, P.S- Palanwa, Distt.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Tr. No. 2137 of 2025 arising out of Palanwa P.S. Case No.
63 of 2025 registered for the offence punishable under Sections
25(1-B)a, 25(1)(a)(c), 25(1)(1-AA), 25(1)(1-B)(c)26, 28 and 35
of the Arms Act and Sections 111(2), 318(4), 338, 336(3),
340(2) and 61(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that on secret
information, search was made and from the possession of this
petitioner, one auto pistol made in USA, one countrymade
pistol, one countrymade revolver and other articles as lathe
machine, magazine and other things were recovered.
Patna High Court CR. MISC. No.77561 of 2025(4) dt.18-02-2026
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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. He also submits that the petitioner has got a license, which
is annexed at Annexure-2, UDYAM registration certificate in the
name and style of Singh Fabrication Engineering Works. This
case has been framed in collusion with the enemies of the
petitioner. He also submits that nothing has been recovered from
the possession of this petitioner. The witnesses of the seizure list
are police personnel and the police has not complied with
Section 105 of the BNSS, while making the seizure. He further
submits that the petitioner is languishing in judicial custody
since 19.04.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
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 Judicial
Patna High Court CR. MISC. No.77561 of 2025(4) dt.18-02-2026
3/3
Magistrate, 1st Class, East Champaran, Motihari in connection
with Palanwa P.S. Case No. 63 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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