Patna High Court
Bobby KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Bobby Kumar, sought bail in a case registered under Sections 25(1‑B)a and 26 of the Arms Act, where the prosecution alleged that firearms, live and empty cartridges were recovered from his parental house and a mobile phone from his possession. The petitioner contended that he was innocent, that the incriminating items were not in his conscious possession, and that the police had failed to comply with Section 105 of the B.N.S.S. during the seizure. He also highlighted his lack of any criminal antecedent and his continued judicial custody since 7 September 2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount to the Sub‑Divisional Judicial Magistrate, Barh, Patna.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act offences.
- Whether the seizure of the weapons from the parental house complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s lack of criminal antecedent and the nature of the alleged possession warrant bail.
Legislation cited
Subjects
- bail
- Arms Act
- Section 25(1‑B)a
- Section 26
- Section 105
- seizure
- parental house
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87096 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Bobby Kumar, Son of Sri Murari Singh @ Murari Yadav, Resident of Village-
Chanda, P.S.- Athamalgola, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Athamalgola P.S. Case No. 320 of 2025 registered for the
offence punishable under Sections 25(1-B)a and 26 of the Arms
Act.
3. The case of the prosecution, in short, is that from
the parental house of this petitioner, one country made musket,
one country made pistol, seven live cartridges and seven empty
cartridges were recovered and from the possession of this
petitioner, one mobile 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
Patna High Court CR. MISC. No.87096 of 2025(2) dt.05-01-2026
2/2
case. Nothing incriminating article has been recovered from his
conscious possession. The recovery has been made from the
parental house of this petitioner. While making seizure, the
police has not complied Section 105 of the B.N.S.S. which is
mandatory. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 07.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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 Sub-
Divisional Judicial Magistrate, Barh, Patna in connection with
Athamalgola P.S. Case No. 320 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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