Patna High Court
Raja kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Raja Kumar was arrested in connection with a case registered under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act, after a mobile phone was seized from him. He filed a bail application claiming innocence, asserting that the mobile belonged to him and that the seizure violated Section 105 of the BNSS, rendering the police witnesses’ statements inadmissible. The State opposed the bail. The High Court, after hearing both sides, found that the circumstances warranted bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the BNSS and Arms Act.
- Whether the seizure of the mobile phone complied with Section 105 of the BNSS and its impact on evidentiary value.
- Whether police personnel can be considered as witnesses for the seizure list under the applicable law.
Legislation cited
Subjects
- bail
- seizure
- evidentiary value
- Arms Act
- B.N.S.
- Section 105
- false implication
- mobile phone
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88946 of 2025
Arising Out of PS. Case No.-258 Year-2025 Thana- RAJEPUR District- East Champaran
======================================================
Raja kumar S/O Bacha Kumar @ Bachha Kumar Resident of village -
Mathia,Morsandi, P.S- Motipur, Dsist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Hemant Ray, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Rajepur P.S. Case No. 258 of 2025 registered for the
offence punishable under Sections 310(4) and 310(5) of the
B.N.S., 2023 and Sections 25(1-b)a 26, 35 of the Arms Act.
3. The case of the prosecution in short is that a mobile
was recovered from the possession of this petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the said
mobile belongs to the petitioner and he has falsely been
Patna High Court CR. MISC. No.88946 of 2025(2) dt.08-01-2026
2/2
implicated in this case. It has also been submitted that the
witnesses of the seizure list are police personnel which has no
evidentiary value in the eye of law. The police have not
complied with Section 105 of the BNSS while making the
seizure. He further submits that a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 29.08.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, East Champaran, Motihari in connection
with Rajepur P.S. Case No. 258 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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