Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the petitioner’s lack of possession of the arms, absence of criminal antecedents, and the statutory non‑compliance, bail must be granted.
Summary
The petitioner, Ranjan Kumar, was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a pistol and cartridges were recovered from a polythene bag he allegedly threw. He claimed false implication, stating that no weapon was found in his conscious possession and that he has no criminal antecedents. The petitioner also argued that the investigating authorities failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct possession, the petitioner’s clean record, and the procedural lapse. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 25(1‑b)a and 26 of the Arms Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s lack of possession of the arms, clean antecedent record, and period of custody justify bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- Arms Act
- false implication
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedent
- police procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88271 of 2025
Arising Out of PS. Case No.-565 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
Ranjan Kumar S/o Satyendra Kumar Chandravanshi R/o Village- Ranisarai,
P.S- Bakhtiyarpur, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bakhtiyarpur P.S. Case No. 565 of 2025 instituted for the
offences under Sections 25(1-b)a & 26 of the Arms Act.
3. As per the F.I.R., one country-made pistol and two
cartrdiges have been recovered from the polythene bag thrown
by the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner has got no concern with the recovered arms and
Patna High Court CR. MISC. No.88271 of 2025(2) dt.12-01-2026
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ammunitions. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 16.10.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bakhtiyarpur P.S.
Case No. 565 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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