Moti Kumar @ Moti Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11934 of 2026 Arising Out of PS. Case No.-72 Year-2025 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Moti Kumar @ Moti Paswan Son of Awadh Paswan Resident of Village - Ukhdi, P.S.- Jairampur, District - Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Jairampur P.S. Case No.72 of 2025 registered for the offence punishable under Section 317(5) of the BNS and under Sections 25(1-b)a and 26 of the Arms Act.

3. The case of the prosecution, in short, is that the informant received an information that the petitioner has kept a stolen blue coloured scooty at his house and has also kept illegal arms and on seizure being made, a scooty before the door of the petitioner was recovered and from his house, a country made single barrel gun was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that as far as the scooty is concerned, that was not recovered from the possession of this petitioner rahter it was recovered before the door of the petitioner and as far as singel

Patna High Court CR. MISC. No.11934 of 2026(3) dt.23-03-2026 2/2 barrel country made gun is concerned, the same was not recovered from the physical possession of this petitioner rather it was recovered from the joint house. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 15.09.2025.

5. The application for bail is opposed by learned APP for the State and he has submitted that the petitioner is having criminal antecedent of two cases.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned court of J.M.F.C., Sheikhpura in connection with Jairampur P.S. Case No.72 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T