Patna High Court
Rajeev Singh @ Raju Singh @ RajuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing release upon furnishing a bail bond with two sureties.
Summary
Petitioner Rajeev Singh was arrested in connection with a case under several provisions of the Arms Act, where the prosecution alleged that 58 live cartridges were recovered from his possession. The petitioner contended that the seizure list was prepared collectively for all three accused, no separate list existed for him, and the police failed to comply with Section 105 of the BNSS while making the seizure. He also pointed out that a co-accused, Hannan, had previously been granted bail in a similar case and that he had been in judicial custody since 9 July 2025. The State opposed the bail application. 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 regular bail should be granted to the petitioner under the Arms Act charges given the alleged procedural lapses in seizure and his prolonged custody.
Legislation cited
- Arms Act — s. 25(1-a), 25(1-aa), 25(1-b)(a), 25(6), 25(7), 25(8), 26, 29
- Bihar Non-Statutory (BNSS) — s. 105
Subjects
- bail
- Arms Act
- seizure procedure
- Section 105 BNSS
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87587 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Rajeev Singh @ Raju Singh @ Raju S/O Late Yadu Nandan Singh R/O
Village - Behta, Ward No.- 2, P.S - Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 25-02-2026 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-a),
25(1-b)(a), 25(1-a), 25(1-aa), 25(6)(7)(8), 26 and 29 of the Arms
Act.
3. The case of the prosecution, in short, is that from
possession of this petitioner altogether 58 live cartridges were
recovered.
4. Learned counsel for the petitioner submits that
from perusal of the seizure list it will transpire that no separate
seizure list was prepared regarding this petitioner, rather seizure
list was prepared of all three accused persons collectively. It has
further been submitted that similarly situated co-accused Md.
Patna High Court CR. MISC. No.87587 of 2025(4) dt.25-02-2026
2/2
Hannan @ Hannam has been granted bail by this Court vide Cr.
Misc. No. 86405 of 2025. It has further been submitted that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has submitted that
the witnesses of the seizure list are police personnel and police
has not complied Section 105 of the BNSS while making
seizure. Learned counsel for the petitioner has submitted that the
petitioner is languishing in judicial custody since 09.07.2025.
5. Learned APP for the State has vehemently opposed
the 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 released on bail in connection with
Khajauli P.S. Case No. 134 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 J.M.-1st Class, Madhubani.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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