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Patna High Court

Devendra RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The bail application was denied.

Summary

The petitioner, Devendra Rai, was arrested on 29-11-2025 in connection with a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 25(1‑AAA) and 26 of the Arms Act, alleging possession of a rifle, a homemade Katta, live and empty cartridges and a magazine. He applied for bail, claiming innocence and alleging that the charges were fabricated and that procedural requirements under Section 103 of the BNS Act were not complied with. The State opposed the bail application, asserting the seriousness of the alleged offences. The Court, after hearing both sides, observed that the petitioner appeared to be operating a mini gun factory and was caught in the act, and therefore declined to grant bail. The Court directed that the petitioner could seek bail again after a period of three months.

Issues considered

  • Whether bail should be granted to the accused in offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 25(1‑AAA) and 26 of the Arms Act.
  • Whether the procedural requirements of Section 103 of the Bihar Narcotic Substances Act were complied with.

Legislation cited

Subjects

  • bail
  • Arms Act
  • illegal possession of firearms
  • mini gun factory
  • Section 317 BNS
  • Section 103 BNS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13377 of 2026
                    Arising Out of PS. Case No.-231 Year-2025 Thana- JURAWANPUR District- Vaishali
                 ======================================================
                 Devendra Rai Son of Late Pradeep Rai Resident of Village - Birpur, P.S. -
                 Jurawanpur, Dist. - Vaishali.                         ... ... Petitioner/s


                                                       Versus
                 The State of Bihar                                        ... ... Opposite Party/s


                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Usha Kumari Singh
                 For the Opposite Party/s :       Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Jurawanpur P.S. Case No. 231 of 2025 registered for the offence

                   punishable under Section-317(5) BNS and 25(1-B)(a), 25(1-

                   AAA), 26 of the Arms Act.

                                3. As per allegation, one rifle, a country-made Katta,

                   nine live cartridges, two empty cartridges and a magazine are

                   said to have been recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has committed no offence.

                   The allegation is false, fabricated, concocted and without any

                   basis. It has also been submitted that there are no witnesses in

                   seizure list rather they are members of the raiding party and
            Patna High Court CR. MISC. No.13377 of 2026(3) dt.01-04-2026
                                                        2/2




                      hence Section-103 BNSS has not been followed. The petitioner

                      is under custody since 29-11-2025.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Considering the fact that the petitioner seems to

                      have been running a mini gun factory and he was caught on the

                      spot, presently I am not inclined to grant bail to the petitioner

                      and accordingly, the same is rejected.

                                   7. However, the petitioner may renew his prayer for

                      bail after three months.



                                                       (Ansul, J)
A.K.V.//-

U      T


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