Such person is already released on bail against personal bond. So anticipatory bail is not required and application for anticipatory bail was accordingly dismissed. All offences must be bailable. Now police will file its report under section 173 cr.p.c. and on receipt of notice from court regular bail will be required to be taken from trial court on furnishing ordered sureties. 

provision Under Section 25(1-C) of the Arms Act is non-bailable and the Court may consider the case of the petitioner for anticipatory bail on merits. 

However you may note that Anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exist to resort to that extraordinary remedy.

In your case if the first AB was dismissed on merits  then if the petitioner's counsel has not been able to point out any material change in the circumstances of the case at the time of filing second application for AB, to enable the court  to take a different view of the matter, then the high court may dismiss the second application for AB.. 

A Personal Recognizance Bond, better known as a “PR Bond“, is granted by a court judge once the review of an individual's case and criminal history has been completed during a pretrial hearing.

Whereas the seizure of passport by police is a different subject. 

in Suresh Nanda v. Central Bureau of Investigation, the Apex Court opined that in accordance with the provisions of CrPC, the police has the power to seize a passport, but does not have the authority to impound it.

under Section 102 (1) of Cr. P.C., the Police have the power to seize the passport but there is no power to impound the same.

You can file a petition before high court seeking direction to the concerned police to return the passport.

But remember that the mere retrieval of passport is no leverage for the accused to travel abroad.

Yes you can apply for its release 

It is necessary to order passed by session court rejecting application for anticipatory bail 

2) While interpreting the powers under Section 438(4) of the CrPC (as exercised by the Sessions Court), the Bombay High Court has now directed that while orders mandating physical presence at final hearing may be passed, the Sessions Court should also ensure that should the ABA be rejected at such final hearing, the applicant shall be protected against arrest for a stipulated period to allow him/her time to approach the High Court and re-agitate a request for anticipatory bail.

 if the passport of the person is seized by the police authority during investigation, he can file an application for release of his passport before the learned magistrate where the passport of the person is produced

2) . When the person is prosecuted and tried in the court and his passport is taken over by the trial Court, then it will be open for the person to file an appropriate application before the concerned trial Court for return of his Passport. But when such trial court rejects the application of a person to release his passport then he may approach to higher court of such trial court.

Regular bail.

Any FIR registered ?

Application file before court for release of PP

- As per Bombay High Court, mere possession of a gun or cartridges is not a crime.

- Since, it is a bailable offence , hence the person was not taken into custody after taking his documents including passport. 

- Further, under Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same

- Since, there is not apprehension of arrest , and due to that reason the ABP rejected. 

- You can move an application before the court of magistrate to get the passport released. 

Dear Client

It seems like you are dealing with a legal situation in India related to the Arms Act, anticipatory bail, and the seizure of a foreign passport.

Anticipatory Bail: If your first application for anticipatory bail (ABP) was rejected on the grounds of non-maintainability, it's essential to understand why it was deemed non-maintainable. In India, anticipatory bail can be granted if the court is convinced that there is a reasonable apprehension of arrest. To file a second anticipatory bail application after the rejection of the first one, you would typically need to show changed circumstances or new evidence that was not considered in the first application. Discuss this with your attorney to determine if you have a valid basis for a new application.

Seizure of Passport: If your foreign passport has been seized by Indian authorities, you may be able to file a petition for the release of your passport separately from your criminal case. However, this will depend on the reasons for the seizure, any ongoing investigations, and the specific circumstances of your case. Consult with your attorney to explore the possibility of seeking the release of your passport.

Consult an Attorney: Given the complexity of your situation, it is crucial to consult with a qualified criminal defense attorney in India who specializes in arms-related cases and anticipatory bail matters. They can provide you with the most accurate legal advice and help you navigate the legal processes effectively.

Comply with Legal Procedures: While pursuing legal remedies, it's important to comply with all legal procedures, court orders, and cooperate with the authorities as required. Failure to do so could negatively impact your case.

Keep Records: Maintain detailed records of all interactions with law enforcement, court documents, and communications related to your case. These records may be useful in building your defense.