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Patna High Court

Rajesh Kumar @ Rajesh Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Rajesh Kumar Sharma, was arrested in connection with a raid at Dinesh Yadav's house where illegal arms and gun‑making instruments were recovered, and was charged under Sections 310(4) and 310(5) of the Bhartiya Nyaya Sanhita and several provisions of the Arms Act. He contended that he was falsely implicated, had no knowledge of the arms, and pointed to bail being granted to co‑accused in a similar case. The State opposed bail, citing a prior criminal antecedent of a similar nature. The Court, after considering the facts, the length of custody since 3 August 2025, and the precedent of bail to a co‑accused, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions regarding attendance, verification of antecedents, and possible cancellation. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite serious charges under the Bhartiya Nyaya Sanhita and the Arms Act.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.
  • Whether the bail granted to a co‑accused in a similar case is determinative for the petitioner’s bail application.

Legislation cited

Subjects

  • bail
  • arms possession
  • false implication
  • criminal antecedent
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2149 of 2026
                 Arising Out of PS. Case No.-187 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Rajesh Kumar @ Rajesh Kumar Sharma S/o- Satya Narayan Prasad R/v-
                 Mirzapur Ps- Kashim Bazar Munger Dist- Munger

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manendra Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   18-02-2026                      Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Buxar Industrial P.S. Case No. 187 of 2025 registered for the

                   offences under Sections 310(4) and 310(5) of the Bhartiya

                   Nyaya Sanhita and Sections 25(1-b)a, 25(1-aa)26 and 35 of the

                   Arms Act.

                                    3. As per the prosecution case, the informant has

                   received secret information that certain miscreants had

                   assembled in the house of Dinesh Yadav and they were in

                   possession of illegal arms. A raid was conducted some persons

                   managed to flee, however, two persons were apprehended and

                   they were carrying a bag from which instruments for

                   manufacturing gun was recovered.
Patna High Court CR. MISC. No.2149 of 2026(2) dt.18-02-2026
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                          4. Learned counsel for the petitioner submits that

          the petitioner has falsely been implicated and he has no concern

          with the recovered arms. It has been submitted that he was

          present at the place of occurrence i.e. house of Dinesh Yadav

          and he was not even aware of the arms having been kept there

          and he has falsely been implicated in the present case. It has

          further been submitted that similarly situated co-accused have

          been granted bail by a co-ordinate Bench of this Court. The

          orders of which have been brought on record by way of

          Annexure-2 series and one co-accused namely Sunil Poddar has

          also been granted bail vide order dated 09.02.2026 passed in Cr.

          Misc. No. 5040 of 2026. Lastly, it has been submitted that the

          petitioner is in custody since 03.08.2025.

                          5. Learned APP for the State has vehemently

          opposed the prayer for bail of the petitioner and has submitted

          that the petitioner has one criminal antecedent of similar nature.

                          6. Considering the facts and circumstances of the

          case and taking into account the period of custody, the petitioner

          is directed to be released on bail on his furnishing bail bonds in

          the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Buxar in connection with Buxar Industrial P.S. Case
            Patna High Court CR. MISC. No.2149 of 2026(2) dt.18-02-2026
                                                        3/3




                      No. 187 of 2025, subject to the following conditions:

                                   (i) One of the bailors will be a close relative of the

                      petitioner;

                                   (ii) the petitioner will remain present on each and

                      every date fixed by the Court below, if so required by the

                      learned Trial Court;

                                   (iii) in case of absence on two consecutive dates or in

                      violation of the terms of the bail, the bail bonds of the petitioner

                      will liable to be cancelled by the Court concerned;

                                   (iv) 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 bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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