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Patna High Court

Vijay Kumar @ Bijay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.

Summary

Vijay Kumar and Bharat Kumar, brothers, applied for regular bail in a case registered under sections 25(1‑b)a, 26 and 35 of the Arms Act for alleged possession of two country‑made pistols. The prosecution alleged that the pistols were recovered from the petitioners' possession, while the petitioners contended that nothing was seized from them and that the police failed to follow Section 105 of the B.N.S.S. during the seizure. They also highlighted their clean criminal record and pointed to a similar bail order granted to a co‑accused in Cr. Misc. No. 561 of 2026. The State opposed the bail. After hearing both sides, the Patna High Court found merit in the petitioners' arguments and ordered that they be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Barh.

Issues considered

  • Whether the petitioners are entitled to regular bail despite the alleged possession of illegal firearms under the Arms Act.
  • Whether procedural lapses in the seizure, specifically non‑compliance with Section 105 of the B.N.S.S., justify granting bail.
  • Whether the petitioners' clean criminal antecedent and the precedent of bail granted to a similarly situated co‑accused warrant bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • section 105
  • procedural lapse
  • seizure
  • criminal antecedent
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91850 of 2025
                     Arising Out of PS. Case No.-370 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Vijay Kumar @ Bijay Kumar S/O Uma Shankar Singh Resident Of Village-
                  Chanda, P.s.- Athmalgola, Dist.- Patna
           2.    Bharat Kumar S/O Uma Shankar Singh Resident Of Village- Chanda, P.s.-
                 Athmalgola, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have 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 is that from the

                   possession of the petitioners, altogether two country made

                   pistols were recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that nothing

                   has been recovered from their possession. The witnesses are
            Patna High Court CR. MISC. No.91850 of 2025(2) dt.28-01-2026
                                                        2/2




                      police personnel and police has not followed the Section 105 of

                      B.N.S.S. while preparing seizure. A statement has been made in

                      para-3 of this petition that the petitioners have got no criminal

                      antecedent. Similarly situated other co-accused person has

                      already been granted bail by learned co-ordinate Bench of this

                      Court vide order dated 15.01.2026 passed in Cr. Misc. No. 561

                      of 2026. The case of this petitioner stands on similar footing.

                      Moreover, the petitioner 08.10.2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Athmalgola P.S. Case No. 370 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Sub Divisional

                      Judicial Magistrate, Barh.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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