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2026 DAILYLAW 43443 (PAT)

Bobby Kumar v. The State of Bihar

CR. MISC./87096/2025 · 2026-01-05

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87096 of 2025 Arising Out of PS. Case No.-320 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Bobby Kumar, Son of Sri Murari Singh @ Murari Yadav, Resident of Village- Chanda, P.S.- Athamalgola, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Manglam, Advocate For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Athamalgola P.S. Case No. 320 of 2025 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 parental house of this petitioner, one country made musket, one country made pistol, seven live cartridges and seven empty cartridges were recovered and from the possession of this petitioner, one mobile was recovered. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this Patna High Court CR. MISC. No.87096 of 2025(2) dt.05-01-2026 2/2 case. Nothing incriminating article has been recovered from his conscious possession. The recovery has been made from the parental house of this petitioner. While making seizure, the police has not complied Section 105 of the B.N.S.S. which is mandatory. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 07.09.2025. 5. Learned APP appearing for the State has vehemently opposed the application for 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Barh, Patna in connection with Athamalgola P.S. Case No. 320 of 2025. lata/- (Ashok Kumar Pandey, J) U T