Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing him to furnish a bail bond with two sureties.
Summary
The petitioner, Rakesh Kumar, sought regular bail in a case registered under Sections 25(1‑B)A, 26 and 35 of the Arms Act, alleging that no weapons were recovered from his possession and that the seizure list was prepared by police personnel without complying with mandatory Section 105 of the BNSS. The prosecution opposed bail, highlighting the recovery of a three‑nut and two‑country‑made pistols and the petitioner’s two prior criminal cases. The court examined the factual matrix, the alleged procedural lapse, and the petitioner’s antecedents. Considering the circumstances, the court decided to enlarge bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount. The petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether regular bail should be granted to the petitioner under the Arms Act offenses.
- Whether non‑compliance with Section 105 of the BNSS vitiates the seizure and affects bail eligibility.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
Subjects
- regular bail
- Arms Act
- Section 105 BNSS
- judicial custody
- criminal antecedent
- seizure procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88755 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- KHIRI MORE District- Patna
======================================================
Rakesh Kumar Son of Ramnath Yadav Resident of Village - Katka, Dallu
Bigha, P.S.- Khirimore, District - Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 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, in short, is that from the
possession of this petitioner one three nut and two country made
pistol were recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this petitioner.
Learned counsel for the petitioner has further submitted that the
witnesses of seizure list are police personnel. It has also been
submitted that police has not complied Section 105 of the BNSS
which is mandatory in nature. Learned counsel for the petitioner
Patna High Court CR. MISC. No.88755 of 2025(4) dt.06-01-2026
2/2
has submitted that the petitioner is in judicial custody since
19.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of two
cases.
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 Khirimore P.S. Case No. 164 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, Danapur, Patna.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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