Shantanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89915 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- SALIMPUR District- Patna ====================================================== Shantanu Kumar, S/o Sri Jai Narayan Prasad @ Narayan Kumar, R/o vill - Salimpur, P.S.- Salimpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-01-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Salimpur P.S. Case No. 252 of 2025 registered for the offences punishable under sections 25(1B)(a), 26 and 35 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that the alleged recovery of one country made firearm and two misfired cartridges was made from the asbestos sheet of the petitioner's sweet shop and nothing incriminating material has been recovered from his conscious possession and the said shop is easily accessible to everyone from all the four sides. It is further submitted that no independent person has been made a witness of the search and seizure in spite of several persons being gathered at the alleged place of recovery and the provisions of BNSS were not complied with while conducting search and seizure and there was a dispute between the petitioner and the co-villager, namely,

Patna High Court CR. MISC. No.89915 of 2025(2) dt.13-01-2026 2/2 Mahesh Yadav, on whose instance the alleged firearms, which are said to have been recovered from the asbestos sheet of the petitioner's shop, were planted and in between them, there is case and counter case and the petitioner has been languishing in jail since 08.09.2025.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the above submissions, the averments made in this application and also taking into account the petitioner's custody period and the witnesses of the recovery who are said to be police personnel only, so, the release of the petitioner will not affect the prosecution in any manner at this stage, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Salimpur P.S. Case No. 252 of 2025.

(Shailendra Singh, J) annu/- U T