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Patna High Court

Ram Naresh RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
            Patna High Court CR. MISC. No.91857 of 2025(2) dt.28-01-2026
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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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