Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Rahul Kumar was arrested in connection with an alleged robbery in which his mobile phone was taken and a loaded country-made pistol was recovered from his possession. He contended that he was falsely implicated, that the mobile belonged to him, and that he had no prior criminal record, having been in custody since 17‑08‑2025. The State opposed his regular bail application, citing offences under sections 309(4) and 317(2) of the BNS and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The Court examined the facts, the nature of the allegations, and the petitioner’s lack of antecedents, and decided to grant regular bail. He was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the ACJM‑VI, Patna City.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the BNS and the Arms Act
- Whether the allegations against the petitioner are specific enough to justify continued detention
Legislation cited
Subjects
- regular bail
- Arms Act
- BNS
- criminal procedure
- bail bond
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10275 of 2026
Arising Out of PS. Case No.-869 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Rahul Kumar Son of Late Anil Jha Resident of Village- Dariyapur, P.S.-
Sajoor, District- Bhagalpur, present resident of Biskoman Colony, Vaishali
House Near Dilip Mahto Makan Renter, P.S.- Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 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 309 (4),
317 (2) of the BNS and Section 25 (1-B) (a), 26 and 35 of the
Arms Act.
3. The case of the prosecution is that while the
informant was proceeding from Biscoman Colony to his
residence at Rajendra Nagar at about 8:00 P.M., near Kali
Temple Flyover, three miscreants surrounded him and one of
them forcibily took away his mobile phone. It is further alleged
that police apprehended three persons including the petitioner.
From the possession of this petitioner, one loaded country made
pistol was recovered and a mobile phone were also recovered
Patna High Court CR. MISC. No.10275 of 2026(2) dt.20-02-2026
2/2
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 the
mobile which has been recovered belongs to him and has no
connection with the alleged occurrence. It is contended that only
one country made pistol was allegedly recovered from his
possession and that the allegation against him is general and
omnibus. Moreover, the petitioner is languishing in judicial
custody since 17.08.2025 having no criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
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 Alamganj P.S. Case No. 869 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, Patna City, Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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