Patna High Court

PINTU KUMARversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond and conditions.

Summary

Petitioner Pintu Kumar was arrested in connection with a case involving possession of a loaded pistol, cash, a mobile phone and a live cartridge, and was charged under sections 310(4), 310(5), 111(2)(b) of the Bihar Narcotic Substances Act and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed innocence, argued that the seizure was not made in compliance with the mandatory provisions of Section 105 of the BNSS, and highlighted that nothing was recovered from his conscious possession. The State opposed bail, citing ten prior criminal antecedents. The court examined the seriousness of the offences, the procedural lapse alleged, and the petitioner’s long custodial period since 27‑08‑2024, and decided to grant regular bail on a bond of Rs.10,000 with two sureties and conditions of cooperation and weekly police‑station attendance. The bail order was subject to the learned magistrate’s further directions.

Issues considered

Whether regular bail can be granted in a case involving serious offences under the Bihar Narcotic Substances Act and the Arms Act despite the petitioner’s prior criminal antecedents.
Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in making the seizure affects the grant of bail.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Bihar Narcotic Substances Act — s. 105, 111(2)(b), 310(4), 310(5)

Subjects

regular bail
judicial custody
criminal antecedents
procedural lapse
Section 105
seizure
Arms Act
Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85231 of 2025
                      Arising Out of PS. Case No.-494 Year-2024 Thana- DHANARUA District- Patna
                 ======================================================
                 PINTU KUMAR Son of Late Vinod Rai R/O Village - Sultanpur, P.S.-
                 Danapur, District - Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Kant Kumar, Advocate
                 For the Opposite Party/s :      Mr.Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                    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 310 (4),

                   310 (5), 111 (2) (b) of the BNS and Sections 25 (1-B) (a), 26

                   and 35 of the Arms Act.

                                3.     The case of the prosecution is that from the

                   possession of this petitioner one loaded country made pistol,

                   cash of Rs. 9800/-, mobile phone and a live cartridge 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 the

                   petitioner has been implicated in this case on the basis of his
            Patna High Court CR. MISC. No.85231 of 2025(2) dt.05-02-2026
                                                        2/2




                      previous criminal antecedents. Nothing has been recovered from

                      the conscious possession of this petitioner. It is further

                      submitted that the police failed to comply with the mandatory

                      provision of Section 105 of the BNSS while making seizure.

                      Moreover, the petitioner is languishing in judicial custody since

                      27.08.2024.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail stating that the

                      petitioner has 10 criminal antecedents.

                                   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 Dhanaura P.S. Case No. 494 of 2024 on

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

                      sureties of the like amount each to the satisfaction of learned

                      SDJM, Masaurhi, Patna, subject to the condition that the

                      petitioner shall cooperate in the trial and shall mark his

                      attendance at concerned police station weekly, failing which the

                      learned Magistrate will be at liberty to pass appropriate orders.


                                            (Ashok Kumar Pandey, J)
Jagdish/-
U       T

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