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Patna High Court

Shantanu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the release would not affect the prosecution at this stage.

Summary

Shantanu Kumar was arrested in connection with a case registered under sections 25(1B)(a), 26 and 35 of the Arms Act, alleging that a firearm and cartridges were recovered from the asbestos sheet of his sweet shop. The petitioner applied for regular bail, contending that the seized items were not in his conscious possession, the shop is publicly accessible, and the search and seizure did not comply with the provisions of the BNSS and lacked independent witnesses. The State opposed the bail application. The court examined the custody period, the fact that the only witnesses to the recovery were police personnel, and concluded that releasing the petitioner would not prejudice the prosecution. Consequently, the court granted regular bail on the condition of a bail bond of Rs. 20,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to the accused under sections 25(1B)(a), 26 and 35 of the Arms Act.
  • Whether the alleged non‑compliance with BNSS provisions and lack of independent witnesses in the search and seizure render the bail application untenable.

Legislation cited

Subjects

  • regular bail
  • Arms Act
  • search and seizure
  • BNSS compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89915 of 2025
                       Arising Out of PS. Case No.-252 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Shantanu Kumar, S/o Sri Jai Narayan Prasad @ Narayan Kumar, R/o vill -
                 Salimpur, P.S.- Salimpur, Distt.- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Vaishnavi Singh, Adv.
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   13-01-2026                      Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Salimpur P.S. Case No. 252 of 2025 registered for the offences

                   punishable under sections 25(1B)(a), 26 and 35 of the Arms Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the alleged recovery of one country made firearm

                   and two misfired cartridges was made from the asbestos sheet of

                   the petitioner’s sweet shop and nothing incriminating material has

                   been recovered from his conscious possession and the said shop

                   is easily accessible to everyone from all the four sides. It is further

                   submitted that no independent person has been made a witness of

                   the search and seizure in spite of several persons being gathered at

                   the alleged place of recovery and the provisions of BNSS were

                   not complied with while conducting search and seizure and there

                   was a dispute between the petitioner and the co-villager, namely,
           Patna High Court CR. MISC. No.89915 of 2025(2) dt.13-01-2026
                                                       2/2




                     Mahesh Yadav, on whose instance the alleged firearms, which are

                     said to have been recovered from the asbestos sheet of the

                     petitioner’s shop, were planted and in between them, there is case

                     and counter case and the petitioner has been languishing in jail

                     since 08.09.2025.

                                  4. Learned APP for the State has opposed the prayer of

                     the petitioner.

                                  5. Considering the above submissions, the averments

                     made in this application and also taking into account the

                     petitioner’s custody period and the witnesses of the recovery who

                     are said to be police personnel only, so, the release of the

                     petitioner will not affect the prosecution in any manner at this

                     stage, this Court is inclined to release him on bail. Accordingly,

                     let the petitioner named-above be released on bail on furnishing

                     bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the court

                     concerned in connection with Salimpur P.S. Case No. 252 of

                     2025.


                                                               (Shailendra Singh, J)

annu/-
U      T


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