Patna High Court
Rajesh Kumar @ Rajesh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Arms Act — s. 25(1-aa)26, 25(1-b)a, 35
- Bhartiya Nyaya Sanhita — s. 310(4), 310(5)
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
2/3
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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