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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to conditions, as the arrest was based merely on suspicion and no incriminating material was recovered from him.

Summary

The petitioner, Rahul Kumar, was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a pistol and live cartridge were recovered from a motorcycle. He applied for bail, claiming innocence, lack of any incriminating material in his possession, and that his arrest was based solely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the length of custody, the absence of criminal antecedents, and the fact that a co‑accused had already been granted bail, the Court inclined to grant bail. The Court ordered release on bail after framing of charge, subject to a bond of Rs.15,000 with two sureties and conditions of appearance. The bail was granted with the stipulation that one bailor be a close family member and that failure to appear on two consecutive dates could lead to cancellation.

Issues considered

  • Whether bail should be granted to the accused under the Arms Act (Sections 25(1‑B)(a), 26, 35) when the arrest is based only on suspicion and no incriminating material is found in his possession.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
  • Whether the petitioner’s lack of prior criminal record and the bail granted to a co‑accused justify granting bail in this case.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • suspicion
  • recovery of arms
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13466 of 2026
                      Arising Out of PS. Case No.-813 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Rahul Kumar S/o Subal Mandal @ Subalchand Mandal Resident of Village-
                 Bhadariya, P.O.- Bhadariya, P.S.- Amarpur, District- Banka, Bihar- 813101

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Munish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Amarpur

                   P.S. Case No. 813 of 2025, instituted for the offences punishable

                   under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                           3. The prosecution case, in short, is that one country

                   made pistol and one live cartridge have been recovered from the

                   handle of a motorcycle and the petitioner was arrested on spot.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner also submitted that the allegation levelled against
Patna High Court CR. MISC. No.13466 of 2026(2) dt.25-02-2026
                                            2/3




          the petitioner is general and omnibus in nature. The petitioner

          has been arrested only on the basis of suspicion. It is further

          submitted that the petitioner has got no concern with the alleged

          recovery of arms. The petitioner is in custody since 17.11.2025

          and have got no criminal antecedent. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

          Other co-accused has been granted bail by this Court vide order

          dated 03.02.2026, passed in Cr. Misc. No. 4427 of 2026.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                  7. Let the petitioner be released on bail after framing of

          charge, if not already framed, on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Amarpur P.S. Case No. 813 of 2025, subject

          to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.
           Patna High Court CR. MISC. No.13466 of 2026(2) dt.25-02-2026
                                                       3/3




                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the prosecution will have liberty to move for

                     cancellation of bail.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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