Patna High Court
Chandan Kumar @ Chandan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Petitioner Chandan Kumar Jha was arrested in connection with an alleged possession of two country‑made pistols, three live cartridges and a motorcycle, alleged offences under Sections 25(1‑B)a, 26 and 35 of the Arms Act. He filed a petition for regular bail, claiming he was falsely implicated, that nothing was recovered from his conscious possession and that the police seizure did not comply with Section 105 of the Bihar Police Act. The State opposed bail, highlighting three prior criminal convictions. The Court examined the facts, the procedural lapse alleged, and the petitioner’s custody since 27‑07‑2025, and decided to grant regular bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Purnia.
Issues considered
- Whether regular bail can be granted to an accused under Sections 25(1‑B)a, 26 and 35 of the Arms Act despite alleged possession of illegal weapons.
- Whether non‑compliance with Section 105 of the Bihar Police Act in the seizure process warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26, 35
Subjects
- regular bail
- Arms Act
- possession of illegal weapons
- Section 105 Bihar Police Act
- criminal antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88662 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- JANKINAGAR District- Purnia
======================================================
Chandan Kumar @ Chandan Kumar Jha S/O Bijay Jha @ Vijay Kumar Jha
R/O Laxmipur Tinkonma, Ward No.- 1, P.S- Bhargama, District- Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Mr.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 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 is that from the
possession of this petitioner two country made pistol, three live
cartridges and a bike were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. It is also contended that while making the alleged
seizure, the police have not complied Section 105 of the BNS
Patna High Court CR. MISC. No.88662 of 2025(2) dt.06-01-2026
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rather the witnesses are police personnel. Moreover, the
petitioner is languishing in judicial custody since 27.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that the petitioner has three criminal antecedents.
6. Considering the aforesaid 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 Jankinagar P.S. Case No. 219 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
Chief Judicial Magistrate, Purnia.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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