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2026 DAILYLAW 6161 (PAT)

Pappu Kumar @ Avinash Kumar v. The State of Bihar

CR. MISC./7729/2026 · 2026-03-11

Ashok Kumar Pandey

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7729 of 2026 Arising Out of PS. Case No.-399 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Pappu Kumar @ Avinash Kumar S/O Vasgit Singh R/o Vill-badki Kopa, Ps- naubatpur, Dist-patna At Present R/o Snehi Tola, Khelmaidan, Ps-naubatpur, Dist-patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar, Advocate For the Opposite Party/s : Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 11-03-2026 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), 26 and 35 of the Arms Act 3. The prosecution case, in short, is that from the house of this petitioner, three country-made loaded pistols, one pen pistol, and 132 live cartridges were recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that, as per the prosecution case, the son of the petitioner was dealing in arms and there is no allegation against this petitioner of keeping arms. At the time of the raid, the son of the petitioner fled away and the recovery was made. Patna High Court CR. MISC. No.7729 of 2026(3) dt.11-03-2026 2/2 5. Learned counsel for the petitioner has further submitted that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel only. The police have not complied with Section 105 of the BNSS while making the seizure. The petitioner is in custody since 31.07.2025 and has a criminal antecedent of one case. 6. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the learned Trial Court recorded that this petitioner has criminal antecedents of five cases. However, from perusal of paragraph 60 of the case diary, it appears that the petitioner has only one criminal antecedent. 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 Naubatpur P.S. Case No. 399 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 ACJM-VI, Danapur, Patna. Jagdish/- (Ashok Kumar Pandey, J) U T