Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner, subject to specified conditions, as there was no sufficient ground to deny bail.
Summary
Rahul Kumar was arrested on 16 October 2025 after an FIR was lodged on 15 October 2025 alleging offences under Section 313 of the Bihar Narcotic Substances Act and Sections 25(1‑Ba), 26 and 35 of the Arms Act, based on the recovery of a loaded country‑made pistol and a live cartridge from his possession. He filed a bail petition claiming the FIR was fabricated, that the investigation violated Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, and that co‑accused persons had already been granted bail. The State opposed bail, noting a second pending case in which the petitioner was already on bail. The Court, noting the grant of bail to co‑accused and the lack of material to justify continued detention, ordered the petitioner’s release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail for offences under Section 313 of the Bihar Narcotic Substances Act and the Arms Act.
- Whether alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, warrants denial of bail.
- Whether the existence of another pending case affects the grant of bail in the present matter.
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 35
- Bihar Narcotic Substances Act — s. 103, 105, 313
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- fabricated FIR
- procedural compliance
- co‑accused bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1855 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Rahul Kumar Son of Chotelal Sah Resident of Village- Sabni, P.S.-
Ramnagar, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-04-2026 Heard Mr.Aditya Kumar Pandey, learned counsel for
the petitioner and Mr.Md. Shakir Ahmad, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
16.10.2025 in connection with Chhatauni P.S. Case No. 607 of
2025, F.I.R. dated 15.10.2025 registered for the offence
punishable under Section 313 of BNS and Section 25(1-
B)a,26,35 of the Arms Act.
3. The case relates to recovery of one loaded country
made pistol and live cartridges from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Although from a bare perusal of the FIR as
Patna High Court CR. MISC. No.1855 of 2026(3) dt.22-04-2026
2/3
well as the seizure list that one loaded country made pistol and
one live cartridge were recovered from possession of the
petitioner. Learned counsel for the petitioner submits that there
is non-compliance of Sections 103 and 105 of BNSS, 2023.
Further submits that the co-accused persons, namely, Mukku
Dom @ Arun Dom & Anr. have been granted bail by this Court
vide order dated 28.01.2026 passed in Cr. Misc. No.4014 of
2026 and the police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
16.10.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one but he fairly submits
that the petitioner is on bail in the said case, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact and co-accused
persons have been granted bail by this Court, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
East Champaran at Motihari in connection with Chhatauni P.S.
Case No. 607 of 2025, with the following conditions:-
Patna High Court CR. MISC. No.1855 of 2026(3) dt.22-04-2026
3/3
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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