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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

  • Arms Act — s. 25(1-B)(a), 26, 35
  • BNS — s. 309(4), 317(2)

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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