Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 25(1‑ba), 26, 35
- B.N.S., 2023 — s. 303(2), 310(4), 310(5), 3(5), 480(3)
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
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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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