Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36365 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- JURAWANPUR District- Vaishali ====================================================== Guddu Kumar Son of Bindeshwar Rai @ Baleshwar Rai Resident of Village - Rampur Karari Barari, P.S.- Jurawanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kahkashan Alam, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh No.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-06-2026 Heard Ms. Khakashan Alam, learned counsel for the petitioner and Mr. Aditya Narayan Singh No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-B)(A), 26, 35 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner is that he was apprehended from the house of Vakil Rai where he along with other co-accused had kept a country made pistol and two live cartridges.

4. Learned counsel for the petitioner submits that it would be evident from the First Information Report itself that the recovery of the country made pistol and the cartridges was made from the premises of one Vakil Rai and an allegation has

Patna High Court CR. MISC. No.36365 of 2026(2) dt.10-06-2026 2/2 been made upon this petitioner that he alongwith another coaccused had kept the said pistol in the house of Vakil Rai, since there was a land dispute. It has been argued that there is no recovery from the personal or conscious possession and there is no independent witness to the search and seizure, as such, the mandatory provisions have been violated. Further, the petitioner is a young boy and also a student having no criminal antecedent and he is in custody since 08.04.2026.

5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

6. Taking into consideration the facts and circumstances and considering the fact that the recovery is not from the personal possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-14, Vaishali at Hajipur/concerned Court below in connection with Jurawanpur P.S. Case No. 78 of 2026.

(Soni Shrivastava, J) anand/- U T