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Patna High Court

Anil Kumar Singh @ Doman SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Anil Kumar Singh, was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after police recovered a country‑made pistol from a bush during his apprehension. The defence argued that the pistol was found without cartridges, no independent witness was present for the search as required by Section 100 of the CrPC, and that the seizure was based merely on suspicion. The petitioner, who has four other cases pending but is on bail in each, had been in custody since 14‑08‑2025 and a charge‑sheet had been filed. The State opposed the bail application. Considering the circumstances, the charge‑sheet, and the length of custody, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and other standard bail conditions.

Issues considered

  • Whether bail should be granted in a case under Sections 25(1‑b)a and 26 of the Arms Act where the seized weapon lacked cartridges.
  • Whether the absence of an independent witness during the search violates Section 100 of the CrPC and affects bail eligibility.
  • Whether the petitioner’s prior criminal history and period of custody justify denial of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • search and seizure
  • Section 100 CrPC
  • Section 480(3) BNSS
  • suspicion
  • prior cases
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90861 of 2025
                       Arising Out of PS. Case No.-130 Year-2025 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Anil Kumar Singh @ Doman Singh son of Pavan Singh Resident Of Village-
                 Jalpura Police Station- Chandi District -Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Chandi P.S. Case No. 130 of 2025, registered

                   for the offences under Sections 25(1-b)a, 26 of the Arms Act.

                                3. As per the prosecution case, police found the

                   petitioner moving in suspicious condition. When he was being

                   apprehended, he threw something in the bushes and on search of

                   the bushes, recovery of country made pistol was made.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the recovery of country made pistol is

                   without any cartridge and in fact nothing incriminating has been

                   recovered from conscious possession of the petitioner. There is

                   violation of Section 100 of the CrPC as no independent witness
Patna High Court CR. MISC. No.90861 of 2025(3) dt.24-02-2026
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          was joined in search and seizure. Learned counsel further

          submits that it has come in the FIR that the petitioner has been

          loitering and it appears merely on suspicion he has been

          apprehended. The petitioner has antecedent of four cases but he

          is on bail in all the cases. Petitioner is in custody since

          14.08.2025 and charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet and period of custody, the petitioner

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned JM,

          Bhojpur at Ara/concerned court, in connection with Chandi P.S.

          Case No. 130 of 2025, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court

                                  below, if so required by the learned trial
             Patna High Court CR. MISC. No.90861 of 2025(3) dt.24-02-2026
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                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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