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Patna High Court

Pankaj Rai @ Satyajeet Rai @ Satyajeet RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Pankaj Rai, applied for regular bail in a case registered under sections 25(1‑A), 25(1‑AA), 26 and 35 of the Arms Act, alleging that a raid recovered a loaded pistol, an AK‑47 rifle and 30 live cartridges from his house. He contended that the AK‑47 was non‑functional, the pistol was licensed, and that he had been falsely implicated. The prosecution argued that the weapons were recovered from his premises and he was arrested at the spot. The court examined the nature of the seized arms and the circumstances of arrest. Considering the seriousness of the recovery and the fact that the petitioner was in custody since September 2025, the court declined to grant bail. The bail application was therefore rejected.

Issues considered

  • Whether regular bail should be granted to the petitioner under the Arms Act in view of the recovery of a loaded pistol, an AK‑47 rifle and live cartridges from his residence.

Legislation cited

  • Arms Act — s. 25(1-A), 25(1-AA), 26, 35

Subjects

  • bail
  • Arms Act
  • illegal weapons
  • regular bail
  • licensed pistol
  • non‑functional weapon
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11585 of 2026
                       Arising Out of PS. Case No.-233 Year-2025 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Pankaj Rai @ Satyajeet Rai @ Satyajeet Ray S/o Late Shailesh Chandra Rai
                 Resident of Village- Shahpur, Ward No 05, PS- Sahpur, District- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Chandra, Advocate
                                                  Mr. Nitish Kumar, Advocate
                                                  Mr. Vatsal Verma, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Shahpur P.S. Case

                   no.233 of 2025 registered under sections 25(1-A), 25(1-AA), 26

                   and 35 of the Arms Act.

                                 3. As per the prosecution case, on a raid being

                   conducted, it is stated that a loaded pistol, AK-47 automatic rifle

                   and 30 live cartridges were recovered from the house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. In the tests

                   carried out, the AK-47 was found to be non-functional. The

                   pistol recovered is a licensed pistol. No offence under the Arms
             Patna High Court CR. MISC. No.11585 of 2026(2) dt.26-02-2026
                                                         2/2




                       Act is made out against the petitioner. The petitioner is in

                       custody since 14.9.2025 and charge-sheet has been submitted in

                       the case.

                                    5. The application for bail is opposed by learned APP

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the recovery of AK-47 automatic rifle

                       together with a loaded pistol and 30 live cartridges from the

                       house of the petitioner and the petitioner having been arrested at

                       the spot, the Court is not inclined to enlarge the petitioner on

                       bail and the application is rejected.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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