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Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Uday Kumar, was arrested in connection with a case under sections 25(1‑b)a and 26 of the Arms Act after a pistol and ten live cartridges were allegedly recovered from his possession. He claimed innocence, contended that the seizure was not conducted in accordance with Section 105 of the BNSS, and highlighted that he had been in judicial custody since 29‑09‑2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The petitioner was therefore released on bail pending trial.

Issues considered

  • Whether bail should be granted in a case involving offences under sections 25(1‑b)a and 26 of the Arms Act.
  • Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • Arms Act
  • bail
  • seizure procedure
  • criminal antecedent
  • judicial custody
  • Section 105
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8324 of 2026
                          Arising Out of PS. Case No.-557 Year-2025 Thana- BARH District- Patna
                 ======================================================
                 Uday Kumar S/o Jagdish Ray R/o Village - Pachhiyari Malahi, P.S - Barh,
                 District - Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Kashyap, Advocate
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                     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

                   of the Arms Act.

                                3. The case of the prosecution is that from the

                   possession of this petitioner, one country made pistol along with

                   ten live cartridges was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. The seizure list

                   witnesses are police personnel and police has not followed

                   Section 105 of BNSS while preparing the seizure. Moreover, he
            Patna High Court CR. MISC. No.8324 of 2026(2) dt.12-02-2026
                                                        2/2




                      is languishing in judicial custody since 29.09.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioner is having one criminal antecedent.

                                   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 released on bail in connection with

                      Barh P.S. Case No. 557 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, 1st Barh, Patna.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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