Patna High Court

Rahul Kumar @ Rahul @ Raushan Kumar @ Raushan SinghversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court allowed the petitioner's regular bail, directing his release on bond with conditions.

Summary

The petitioner, Rahul Kumar, was charged under sections 310(4), 310(5), 61(2) of the Bihar Narcotic Substances Act, 2023 and sections 25(1‑b)a, 26 and 35 of the Arms Act. Police raided a location based on intelligence and recovered only a mobile phone from the petitioner, while other material was seized from co‑accused Md. Zahid Alam, who had already been granted bail. The petitioner, in custody since 20‑08‑2025 and having six prior criminal antecedents, sought regular bail; the State opposed. The court considered the nature of the recovery, the bail already granted to the co‑accused, and the petitioner’s circumstances, and decided to grant bail on a bond of Rs.10,000 with two sureties and conditions of cooperation and weekly police‑station attendance. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether regular bail should be granted to the petitioner despite the seriousness of the offences under the BNS Act and Arms Act.
Whether the bail granted to the co‑accused influences the decision to grant bail to the petitioner.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
Bihar Narcotic Substances Act, 2023 — s. 310(4), 310(5), 61(2)

Subjects

regular bail
bail
criminal procedure
Bihar Narcotic Substances Act
Arms Act
co‑accused
police raid
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11824 of 2026
                        Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Rahul Kumar @ Rahul @ Raushan Kumar @ Raushan Singh S/o- Suresh
                 Singh residents of Village- Alauliya (Alaudiya Saray) Bihar Sharif Ward No.
                 9, P.S.-Manpur, District-Nalanda.                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bimal Kumar, Advocate
                 For the Opposite Party/s :        Mr.Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                    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 310 (4),

                   310 (5), 61 (2) of the BNS, 2023 and Section 25 (1-b)a, 26 and

                   35 of the Arms Act.

                                3.    The prosecution case, in brief, is that the police

                   received information that certain miscreants had assembled for

                   the purpose of committing a serious offence. Acting upon such

                   information, the police conducted a raid at the indicated place. It

                   is alleged that from the possession of the present petitioner, only

                   a mobile phone was recovered.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material, except the said mobile phone, was

                   recovered from the conscious possession of the petitioner. It is

                   further submitted that all other recoveries were effected from the
            Patna High Court CR. MISC. No.11824 of 2026(2) dt.25-02-2026
                                                        2/2




                      possession of co-accused Md. Zahid Alam. The said Md. Zahid

                      Alam has already been granted bail vide order dated 30.01.2026

                      passed in Cr. Misc. No. 89029 of 2025. It is contended that the

                      case of the present petitioner stands on a better footing. The

                      petitioner is in custody since 20.08.2025 and has six criminal

                      antecedents.

                                   5. Learned APP for the State has vehemently opposed

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the

                      case, particularly the nature of recovery and the fact that the co-

                      accused from whose place the recoveries were made has already

                      been granted bail, this Court is inclined to allow the prayer for

                      bail. Accordingly, the petitioner is directed to be released on bail

                      on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of Chief

                      Judicial Magistrate, Katihar in connection with Korha P.S. Case

                      No. 196 of 2025, subject to the condition that he shall cooperate

                      with the trial and mark his weekly attendance at the concerned

                      Police Station.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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