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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Rahul Kumar was arrested in connection with a case alleging offences under Sections 310(4), 310(5), 303(2) read with Section 3(5) of the B.N.S., 2023 and Sections 25(1‑ba), 26 and 35 of the Arms Act. The police claimed to have intercepted a robbery plan and recovered firearms from co‑accused, but no weapon or ammunition was found on the petitioner. The petitioner contended that he was falsely implicated, had a clean antecedent, and that the chargesheet had already been filed. The State opposed bail, while the petitioner’s counsel highlighted the absence of incriminating material on him and his short period of custody. Considering the lack of material recovery, the petitioner’s clean record, and the submission of the chargesheet, the court granted bail on a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the B.N.S.

Issues considered

  • Whether bail should be granted to the petitioner despite charges under the B.N.S. and Arms Act when no incriminating material was recovered from him

Legislation cited

Subjects

  • bail
  • narcotic offences
  • arms act
  • false implication
  • clean antecedent
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1497 of 2026
                       Arising Out of PS. Case No.-428 Year-2025 Thana- ALOULI District- Khagaria
                 ======================================================
                 Rahul Kumar S/o Harendra Yadav, Resident of Village- Gadhbanni, P.S.-
                 Alouli, Dist- Khagaria.
                                                                          ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jai Kishor Poddar, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Alouli P.S. Case No. 428 of 2025 dated

                   29.09.2025, registered for the offences punishable under

                   Sections 310(4), 310(5) and 303(2) read with Section 3(5) of the

                   B.N.S., 2023 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

                                   3. As per the prosecution case, police received

                   secret information about the co-accused Kumar Ji Kumar

                   making plan for robbery and the police reached the identified

                   place where the co-accused and other miscreants had been

                   making the plans. Five persons were found there and one of

                   them fled away and four of them were apprehended including

                   this petitioner. From two of the co-accused persons, recovery of

                   fire-arms and ammunition were made and from the possession
Patna High Court CR. MISC. No.1497 of 2026(2) dt.15-01-2026
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          of this petitioner, recovery of mobile phones and a pulsar

          motorcycle were made.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has falsely been implicated in

          the present case. The prosecution story is not believable as no

          arms or ammunition were recovered from the possession of this

          petitioner. The allegation of making plans for committing

          dacoity gets falsified as no fire-arms or ammunition were

          recovered form the petitioner. Recovery has been shown from

          other co-accused persons. Learned counsel next submits that

          petitioner is having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 30.09.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery of any incriminating material has been

          shown from this petitioner and further considering the nature of

          allegation, the clean antecedent of petitioner, his period of

          custody and submission of chargesheet, the petitioner, above-

          named, is directed to be released on bail, on furnishing bail
          Patna High Court CR. MISC. No.1497 of 2026(2) dt.15-01-2026
                                                      3/3




                    bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two

                    sureties of the like amount each to the satisfaction of learned

                    Chief Judicial Magistrate, Khagaria / concerned Court, in

                    connection with Alouli P.S. Case No. 428 of 2025, subject to

                    the condition laid down under Section 480(3) of the B.N.S.S.

                    and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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