Patna High Court
Rupesh kumar @ AndwaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail may be granted for the alleged Arms Act offences despite the seriousness of the charge and the petitioner’s antecedents, provided a bond and conditions are imposed.
Summary
The petitioner, Rupesh Kumar, was arrested in connection with a case registered under Sections 25(1‑b)a and 26 of the Arms Act, alleging that a pistol and three live cartridges were recovered from his possession. He contended that nothing was actually seized from him, that the seizure did not comply with Section 105 of the Arms Act, and that he was framed because of his prior criminal record. The State opposed bail, highlighting the petitioner’s antecedent of 17 criminal cases and the seriousness of the alleged offence. After hearing both sides, the Court considered the factual matrix, the alleged procedural lapse in seizure, and the petitioner’s right to liberty. The Court concluded that bail could be granted despite the seriousness of the charge and the petitioner’s antecedents, subject to a monetary bond and strict conditions. Accordingly, the petitioner was ordered to be released on bail with a bond of Rs.10,000 and two sureties, and to comply with attendance requirements in the trial court and the police station.
Issues considered
- Whether the petitioner is entitled to bail under the Arms Act for offences under Sections 25(1‑b)a and 26.
- Whether the alleged non‑compliance with Section 105 of the Arms Act in the seizure affects the bail decision.
- Whether the petitioner’s extensive criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 105, 25(1-b)a, 26
Subjects
- bail
- Arms Act
- Section 105
- criminal antecedents
- police seizure
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19704 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Rupesh kumar @ Andwa, Son of Satrudhan Prasad, R/o Vill. - Islampur Patel
Chauk, P.S. - Dhaka, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Ranjan, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Kundwachainpur P.S. Case No. 261 of 2025 registered for the
offence punishable under Sections 25(1-b)a and 26 of the Arms
Act.
3. The case of the prosecution, in short, is that from the
possession of this petitioner, one country made pistol and three
live cartridges were recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. Nothing has been recovered form his possession. He has
no concern with the alleged recovery. He has been framed in this
case only because of his antecedents. The seizure list witnesses are
police personnel. Police has not complied Section 105 of the
Patna High Court CR. MISC. No.19704 of 2026(2) dt.25-03-2026
2/2
B.N.S.S. while making the seizure. Petitioner is languishing in
judicial custody since 22.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of 17 cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned C.J.M., East
Champaran, Motihari in connection with Kundwachainpur P.S.
Case No. 261 of 2025 with the following conditions:-
(i) The petitioner shall cooperate in the trial and
shall remain physically present on each and every date in the
learned trial Court.
(ii) He shall also mark his attendance weekly at
Kundwachainpur P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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