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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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