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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Vikash Kumar was arrested in connection with a case registered under Sections 25(1‑B)a and 26(i) of the Arms Act for allegedly possessing a loaded pistol found beneath his pillow. The petitioner contended that he had no conscious possession of the weapon, was falsely implicated, and that the police had not complied with Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 13‑10‑2025. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner’s arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Judicial Magistrate First Class‑cum‑Assistant Magistrate, Begusarai.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged possession of a loaded firearm under the Arms Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of the weapon warrants bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • loaded pistol
  • procedural lapse
  • seizure
  • judicial custody
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8613 of 2026
                     Arising Out of PS. Case No.-188 Year-2025 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Vikash Kumar S/O Kamal Mahto R/O Village- Siba Rampur (Sitaram Pur),
                 Ward No. 10, P.S- Matihani, Distt.- Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saket Kumar
                 For the Opposite Party/s :       Mr. Anil Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Matihani P.S. Case No. 188 of 2025 registered for the

                   offence punishable under Sections 25(1-B)a, 26(i) of the Arms

                   Act.

                                3. The case of the prosecution, in short, is that below

                   the pillow, where the petitioner was sleeping, one country-made

                   loaded pistol was recovered.

                                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 nothing has been recovered from the

                   conscious possession of the petitioner. The witnesses of the
           Patna High Court CR. MISC. No.8613 of 2026(2) dt.17-02-2026
                                                       2/2




                     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 a statement has been made in para 3 of the

                     petition that petitioner has no criminal antecedent and he is

                     languishing in judicial custody since 13.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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

                     J.M.F.C.-cum-A.M., Begusarai in connection with Matihani P.S.

                     Case No. 188 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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