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Patna High CourtCR. MISC./1492/2026allowed

Rambabu Kumar v. The State Of Bihar

2026-01-29Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1492 of 2026 Arising Out of PS. Case No.-529 Year-2025 Thana- BARHARIA District- Siwan ====================================================== Rambabu Kumar S/o Shivjee Prasad @ Shivji Sah Resident Of VillageGausihatta Dhumnagar, Ps- Barharia, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-01-2026 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) and 26 of the Arms Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner one country made pistol and two live cartridges were recovered.

4. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. Learned counsel has further submitted that the witnesses of the seizure list are police personnel and they have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the

Patna High Court CR. MISC. No.1492 of 2026(2) dt.29-01-2026 2/2 petitioner is in judicial custody since 18.10.2025.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner and has submitted that the petitioner is having criminal antecedent of seven cases.

6. Considering the aforesaid 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 Barharia P.S. Case No. 529 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 Additional Chief Judicial Magistrate-III, Siwan. (Ashok Kumar Pandey, J) durgesh/- U T