Patna High Court
Bhola ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Summary
Bhola Chaudhary was arrested in connection with a case under Sections 25(1‑B)(a) and 26 of the Arms Act for allegedly possessing a country‑made pistol and eight live cartridges. The petitioner claimed he was innocent, asserted that nothing was recovered from his possession, and highlighted procedural lapses in the seizure process under Section 105 of the BNSS. He also pointed out his clean criminal record and that he had been in judicial custody since 10 September 2025. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted in a case involving alleged possession of illegal arms under Sections 25(1‑B)(a) and 26 of the Arms Act.
- Whether alleged procedural irregularities in the seizure (Section 105 of the BNSS) affect the grant of bail.
- Whether the petitioner’s lack of criminal antecedent and the period of custody justify the release on bail.
Legislation cited
Subjects
- bail
- Arms Act
- seizure
- procedural irregularities
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89607 of 2025
Arising Out of PS. Case No.-362 Year-2025 Thana- PATNA CITY CHOWK District- Patna
======================================================
Bhola Chaudhary S/o Banshropan Chaudhary @ Late Banshropan Chaudhary
R/o Village - Paarev, P.S - Bihta, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramji Kumar, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Chowk P.S. Case No. 362 of 2025 registered
for the offence punishable under Sections 25(1-B)(a) and 26 of
the Arms Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner one country made pistol and
eight live cartridges were recovered.
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 nothing has
been recovered from the possession of this petitioner. Learned
counsel has further submitted that police has not complied
Patna High Court CR. MISC. No.89607 of 2025(2) dt.15-01-2026
2/2
Section 105 of the BNSS while making seizure and seizure list
witnesses are police personnel. Learned counsel for the
petitioner has submitted that the petitioner has got no criminal
antecedent and is in judicial custody since 10.09.2025.
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 ACJM-
VI, Patna City in connection with Chowk P.S. Case No. 362 of
2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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