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Patna High Court

Raj Kumar Sah @ KakkuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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