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Patna High Court

Chandan Kumar @ Chandan Kumar JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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