Patna High Court
Ram Naresh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with a bond and conditions.
Summary
Ram Naresh Rai was arrested in connection with a case under Sections 25(1‑b)a and 26 of the Arms Act after a rifle was recovered behind his house. He contended that the weapon was not in his possession, that the police had not complied with Section 105 of the B.N.S.S. while preparing the seizure list, and that he had been in judicial custody since 21 September 2025. The State opposed his regular bail application. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation in trial and weekly attendance at the Tajpur Police Station.
Issues considered
- What is the appropriateness of granting regular bail to an accused under Sections 25(1‑b)a and 26 of the Arms Act?
- Whether the seizure of the rifle complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)a, 26
- B.N.S.S. — s. 105
Subjects
- bail
- Arms Act
- seizure procedure
- regular bail
- Section 105
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91857 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- TAJPUR District- Samastipur
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Ram Naresh Rai Son of Anup Lal Ray Resident of Village- Harpur Bhindi
PS- Tajpur District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 25(1-b)a,
and 26 of the Arms Act.
3. The case of the prosecution is that while the police
has gone to apprehend the petitioner who was an accused in
the case of Excise Act, it is alleged that he threw a rifle behind
his house which was recovered. From perusal of seizure list, it
is clear that a rifle was recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91857 of 2025(2) dt.28-01-2026
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petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from his physical possession. Admittedly the
recovery was behind the house of the petitioner not from his
house.The witnesses of the seizure list are police personnel and
police has not followed Section 105 of B.N.S.S. while
preparing seizure list. Moreover, the petitioner is languishing
in judicial custody since 21.09.2025.
5. Learned APP appearing for the State has
vehemently 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 petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Tajpur P.S. Case No. 171 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-1, Samastipur with
the following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) As most of the cases of the petitioner are from
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Tajpur Police Station, so, he is also directed to mark weekly
attendance at Tajpur P.S.
(Ashok Kumar Pandey, J)
shubham/-
U T
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