Vijay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86515 of 2025 Arising Out of PS. Case No.-472 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== 1.
Vijay Prasad Son of Sri Ram Chandra Prasad Resident of Village - Balbangra Tola Ramchandrapur, P.S. - Daraunda, District - Siwan. 2.
Kundan Kumar @ Kundan Kumar Gupta Son of Vijay Prasad Resident of Village - Balbangra Tola Ramchandrapur, P.S. - Daraunda, District - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 25(1B)(a), 26 and 35 of the Arms Act.
3. The case of the prosecution in short is that from the possession of one Chandan Kumar one country made pistol and two live cartridges were recovered and from the house of Vijay Prasad (petitioner no.1) one country made pistol and 14 cartridges were recovered.
4. Learned counsel for the petitioners has submitted that while making seizure police has not complied Section 105 of the BNSS. The witnesses of the seizure list are also police personnel. Learned counsel for the petitioners has submitted that
Patna High Court CR. MISC. No.86515 of 2025(2) dt.18-12-2025 2/2 nothing has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners has submitted that the petitioners are in custody since 29.09.2025.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioners.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Daraunda P.S. Case No. 472 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan.
(Ashok Kumar Pandey, J) durgesh/- U T