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Patna High Court

Pritam Kumar Rai @ Pritam YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the seriousness of the arms offences and the petitioner’s multiple pending cases warranted continued custody.

Summary

The petitioner, Pritam Kumar Rai, was arrested in connection with a case under sections 25(1‑B), 26 and 35 of the Arms Act after a loaded country‑made pistol and a live cartridge were recovered from his possession. He has been in custody since 16 September 2025 and faces nine additional criminal cases. The petitioner applied for bail, arguing that he should be released pending trial. The court considered the seriousness of the arms offences and the fact that the petitioner is implicated in multiple other cases, concluding that these factors outweigh any presumption in favour of bail. Consequently, the bail application was rejected, with the court indicating that the petitioner may seek bail again if the prosecution causes undue delay.

Issues considered

  • Whether bail should be granted to the petitioner under sections 25(1‑B), 26 and 35 of the Arms Act considering the nature of the offence and his involvement in multiple other criminal cases.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • multiple charges
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.10170 of 2026
                       Arising Out of PS. Case No.-299 Year-2025 Thana- BARAHAT District- Banka

                 ======================================================
                 Pritam Kumar Rai @ Pritam Yadav S/o Late Bhavesh Rai @ Bhavesh Yadav
                 Resident of village-Mirzapur, P.S- Barahat, District- Banka

                                                                                      ... ... Petitioner
                                                          Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Baxi S.R.P. Sinha, Sr. Advocvate
                                                     Mr. Brajesh Prasad Gupta, Advocate
                 For the State             :         Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   27-04-2026                        Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                      2.       The petitioner seeks bail in connection with

                   Barahat P.S. Case No.299 of 2025 registered for the offence

                   under sections 25(1-B), 26 and 35 of the Arms Act.

                                      3.       It is alleged that from the possession of the

                   petitioner one loaded country made pistol and one live cartridge

                   has been recovered.

                                      4.       The    petitioner      is    in    custody       since

                   16.09.2025. He is accused in nine more criminal cases.

                                      5.       Considering the nature of allegation and also

                   the fact that the petitioner is accused in nine more criminal

                   cases, I am not inclined to grant him bail. Accordingly, this bail
              Patna High Court CR. MISC. No.10170 of 2026(3) dt.27-04-2026
                                                          2/2




                        application is rejected. If the trial is delayed by the prosecution,

                        the petitioner may renew his prayer for bail.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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