Patna High Court
Rahul Kumar RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that the petitioner is entitled to bail despite being the registered owner of the car, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rahul Kumar Ranjan, was named in an FIR for possession of a rifle and live cartridges recovered from his car, which he claimed was hired to his driver and that he had no knowledge of the arms. The prosecution opposed bail, citing the recovery of the weapon and the petitioner’s prior involvement in excise and arms cases. The court considered the petitioner’s claim of lack of knowledge and the fact that he was merely the registered owner of the vehicle. Relying on Section 482(2) of the BNSS, the court decided to grant bail with a bond of Rs.10,000 and two sureties, imposing conditions that he not commit a similar offence and must appear in court throughout the trial. The bail order was conditioned on compliance with these terms and allowed cancellation if breached.
Issues considered
- Whether the registered owner of a vehicle from which arms are recovered can be granted bail despite lack of knowledge of the arms.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
Subjects
- bail
- arms possession
- vehicle ownership
- Arms Act
- Section 482 CrPC
- high court inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19141 of 2026
Arising Out of PS. Case No.-474 Year-2025 Thana- SAHPUR District- Patna
======================================================
Rahul Kumar Ranjan S/o Bimalesh Sharma Resident of Village- Mahmadpur,
P.S.- Bihta, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sameer Darshan
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shahpur P.S.
Case No. 474 of 2025 registered for the offences
punishable under Sections 25(1-B)A, 26, 35 of Arms Act
3. As per FIR one rifle and twenty live
cartridges were recovered from the car owned by this
petitioner.
4. It is submitted by learned counsel appearing
on behalf of the petitioner that the car, in issue, was
given on hire basis to the driver who is apprehending in
this case namely, Jitendra Kumar. It is submitted that
Patna High Court CR. MISC. No.19141 of 2026(2) dt.31-03-2026
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the fire arm was kept inside the vehicle by the passenger
who after seeing the police fled away leaving fire arm in
the car itself. It is pointed out that in aforesaid
background petitioner only for the reason that he is the
registered owner of the car was implicated with present
case. It is submitted that nothing transpires which may
suggest that petitioner was under knowledge qua
carrying of aforesaid fire arm. Explaining criminal
antecedent, it is submitted that petitioner found involved
in two excise case and one arms act case, where he is
on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as implication of petitioner prima-
facie appears being registered owner of the car, in issue,
from where recovery of one rifle and live cartridges were
made as discussed aforesaid, accordingly petitioner
above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is
Patna High Court CR. MISC. No.19141 of 2026(2) dt.31-03-2026
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directed to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
SDJM, Danapur, Patna /concerned Court, where the case
is pending in connection with Shahpur P.S. Case No. 474
of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS, subject to further conditions:-
“(i) That petitioner shall not involve in the similar
nature of offence till the conclusion of trial, failing
which the State shall be at liberty to move before
the Trial Court itself for the cancellation of bail
bond of the petitioner.
(ii) That petitioner shall cooperate in the trial and
shall be physically present on each and every
date before the Trial Court till conclusion of the
trial and exemption from physical appearance be
allowed by the Trial Court, only on medical
ground of the petitioner, duly supported by the
documents.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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