Patna High Court
Ramvijay Kumar @ Ram Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Ramvijay Kumar was arrested during a police raid based on secret information about a planned offence. The police claimed to have recovered a pistol, four live cartridges and a mobile from his possession, charging him under sections 25(1‑b)a, 26 and 35 of the Arms Act and sections 310(4), 310(5), 303(2) and 3(5) of the Bihar Narcotic Substances Act. The petitioner contended that nothing was seized from him, that the seizure list was prepared without complying with Section 105 of the BNSA, and that he had been in judicial custody since 30‑09‑2025. The State opposed bail, citing three prior criminal convictions. After hearing both sides, the Court found the bail petition reasonable and ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Arms Act and the Bihar Narcotic Substances Act.
- Whether the seizure of the alleged weapons and cartridges was lawful given the alleged non‑compliance with Section 105 of the BNSA.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 105, 303(2), 310(4), 310(5), 3(5)
Subjects
- regular bail
- Arms Act
- seizure
- procedural compliance
- criminal antecedents
- police raid
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9500 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Ramvijay Kumar @ Ram Vijay Kumar S/O Rajo Yadav R/O Village-
Hathwan, P.S- Alauli, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 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, 26
and 35 of the Arms Act and Sections 310(4), 310(5), 303(2),
3(5) of BNS.
3. The case of the prosecution is that police had
received secret information that certain miscreants are planning
to commit some offence. On this information, police has raided
the place. The petitioner along with other was apprehended and
from the possession of this petitioner, one country made pistol
along with four live cartridges and a mobile was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.9500 of 2026(2) dt.19-02-2026
2/2
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The seizure list
witnesses are police personnel and police has not followed
Section 105 of BNSS while preparing the seizure. Moreover, he
is languishing in judicial custody since 30.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having three criminal antecedents.
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
Alauli P.S. Case No. 428 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 Chief Judicial Magistrate,
Khagaria.
(Ashok Kumar Pandey, J)
shubham/-
U T
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