Patna High Court
Chandan Kumar @ Chandan Prasad @ Chandan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing his release upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Chandan Kumar, was arrested in connection with the illegal possession of a country‑made pistol and live cartridges, alleged under Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution claimed that pistols and cartridges were seized from the petitioner and a co‑accused, but the petitioner contended that the seizure violated Section 105 of the BNSS and that nothing was recovered from his conscious possession. He had been in custody since 29‑09‑2025 and pointed out that co‑accused Vijay Prasad and Kundan Kumar had been granted bail in a similar case (Cr. Misc. No. 86515 of 2025). The State opposed bail, but the court, after considering the procedural lapse and the precedent, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The order effectively disposed of the bail petition.
Issues considered
- Whether bail should be granted to the petitioner charged under the Arms Act despite the alleged procedural irregularities in seizure.
- Whether the precedent of bail granted to co‑accused in a similar case is applicable.
Legislation cited
Subjects
- bail
- Arms Act
- illegal possession
- procedural lapse
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88451 of 2025
Arising Out of PS. Case No.-472 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Chandan Kumar @ Chandan Prasad @ Chandan Kumar Gupta S/O Vijay
Prasad Resident of Village - Balbangra Tola Ramchandrapur, Police Station -
Daraunda, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-02-2026 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-B)(a),
26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of petitioner Chandan Kumar one country made
pistol and two live cartridges were recovered and from the
house of co-accused Vijay Prasad one country made pistol and
14 cartridges were recovered.
4. Learned counsel for the petitioner has submitted
that while making seizure police has not complied Section 105
of the BNSS. The witnesses of the seizure list are also police
Patna High Court CR. MISC. No.88451 of 2025(3) dt.09-02-2026
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personnel. Learned counsel for the petitioner has submitted that
nothing has been recovered from the conscious possession of
the petitioner. Learned counsel for the petitioner has submitted
that the petitioner is in custody since 29.09.2025. It has further
been submitted that similarly situated co-accused Vijay Prasad
and Kundan Kumar have been granted bail by this Court in Cr.
Misc. No. 86515 of 2025. The case of this petitioner stands on
similar footing.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner.
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
Daraunda P.S. Case No. 472 of 2025 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each of them with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-VI, Siwan.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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