Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
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
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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
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(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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