Patna High Court
Rajesh RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Rajesh Ram, was arrested after a country‑made pistol and a live cartridge were recovered from his house in connection with a case under sections 25(1‑B)(a) and 26 of the Arms Act. He contended that he was falsely implicated, asserting that no incriminating article was found in his personal possession and that he had been in custody since 29 October 2025 with a chargesheet already filed. The State opposed his application for regular bail. The Court, noting the seriousness of the allegations, the length of pre‑trial detention of more than four months, and the filing of the chargesheet, directed that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate, Bhojpur. The bail order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether regular bail should be granted to the accused under sections 25(1‑B)(a) and 26 of the Arms Act after the chargesheet has been filed and the accused has been in custody for over four months.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26
Subjects
- bail
- Arms Act
- regular bail
- false implication
- chargesheet
- pre‑trial detention
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18246 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- BABURA District- Bhojpur
======================================================
Rajesh Ram Son of Dadan Ram Resident of Village- Ekauna, P.S.- Barhara,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Malti Kumari, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Babura P.S. Case no.70
of 2025 registered under sections 25(1-B)(a) and 26 of the Arms
Act.
3. As per the prosecution case, a country made pistol
(katta) and a live cartridge was recovered from the house of the
petitioner and he was taken into custody.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedent. No incriminating article has been recovered from
his possession or from his house. He is in custody since
29.10.2025 and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
Patna High Court CR. MISC. No.18246 of 2026(2) dt.25-03-2026
2/2
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody for more than
4 months since 29.10.2025 and chargesheet having been
submitted in the case, the petitioner is directed to be enlarged on
bail in connection with Babura P.S. Case no.70 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate, Bhojpur at Ara.
(Partha Sarthy, J)
Shiv/-
U T
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