Patna High Court
Raj Kumar Sah @ KakkuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Raj Kumar Sah, applied for regular bail in a case involving alleged robbery and possession of illegal arms under Section 310(2) of the Bihar Negotiable Instruments Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. He contended that the allegations were fabricated, that he was not identified in the First Information Report, and that no weapon or cash was recovered from his possession. The petitioner also pointed out that a co‑accused in a similar case had been granted bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the lack of material recovery, the absence of identification, and the precedent of bail in the similar case, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the accused in offences under Section 310(2) of the Bihar Negotiable Instruments Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act.
- Whether the absence of recovery of the alleged stolen property and lack of identification in the FIR justify bail.
- Whether the grant of bail to a co‑accused in a similar case is a relevant factor.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Negotiable Instruments Act — s. 310(2)
Subjects
- regular bail
- criminal procedure
- arms act
- robbery
- Bihar
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11003 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Raj Kumar Sah @ Kakku Son of Late Jagarnath Prasad Resident of Village -
Akbarpur, P.S. - Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Samir Kumar Sinha
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of
the petitioner for the offences alleged under Section 310(2) of
the BNS and Sections 25(1-B)a, 26 and 35 of the Arms Act,
registered in connection with Asthawan P.S.Case No. 253 of
2025.
3. As per allegation, on 17.07.2025 six masked
individuals armed with country-made pistols, forcibly entered
the house of the informant and looted cash and jewelry worth
Rs. 8,00,000/-.
4. The learned counsel for the petitioner has submitted
that the entire allegation is false and fabricated. Nothing has
been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.11003 of 2026(2) dt.16-02-2026
2/2
It has further been submitted that in the TIP, no one has
identified the petitioner. The petitioner is in custody since
19.08.2025. It is also submitted that other co-accused person
Furkan @ Pandit with similar allegation has been granted bail
by this Court in Cr.Misc.No. 3028 of 2026 and the case of the
petitioner stands on similar footing.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above facts and circumstances as
well as the fact that no recovery has been made from the
conscious possession of the petitioner, let the petitioner, above-
named, be released on bail on furnishing bail bond of Rs.
10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of learned ADJ-XII, Nalanda at
Biharsharif in connection with Asthawan P.S.Case No. 253 of
2025/Sessions Trial No. 1062/2025, subject to the condition that
the petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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