Patna High CourtCR. MISC./21441/2026allowed

Sanjiv Kumar v. The State Of Bihar

2026-04-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21441 of 2026 Arising Out of PS. Case No.-88 Year-2025 Thana- NTPC District- Patna ====================================================== Sanjiv Kumar, Son of Late Suresh Yadav, Resident of village -Dargahi Tola, PS -Pandarak, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Ishwar Chandra, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 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.

3. The case of the prosecution, in short is that on the disclosure of this petitioner and two other accused persons, three illegal fire arms and eighteen live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. It has further been submitted that from perusal of the seizure list, it is clear that the recovery has been made from field which is an open place. It has further been

Patna High Court CR. MISC. No.21441 of 2026(2) dt.06-04-2026 2/2 submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 17.11.2025.

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 N.T.P.C. P.S. Case No. 88 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 Court of Additional Chief Judicial Magistrate-I, Barh.

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