Patna High Court

Rohit DubeyversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

Rohit Dubey was arrested in connection with a case involving alleged violations of Sections 317(2), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(A) and 26 of the Arms Act after a motorcycle was seized and a pistol with live cartridges was found in his possession. The prosecution argued that he failed to produce ownership documents for the motorcycle and possessed the weapon, while the petitioner claimed he was falsely implicated, had no prior criminal record, and that procedural safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were not observed. The State opposed bail, citing the seriousness of the offences. The Court considered the length of custody, lack of antecedents, and procedural lapses, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants granting bail
Whether the petitioner’s lack of prior criminal record and the period of custody justify bail

Legislation cited

Arms Act — s. 25(1-B)(A), 26
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 336(3), 338

Subjects

bail
criminal procedure
arms possession
vehicle seizure
Bharatiya Nyaya Sanhita
Arms Act
Section 103
no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2232 of 2026
                       Arising Out of PS. Case No.-291 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
                 Rohit Dubey Son of Bhrigunath Dubey Resident of Vill. - Darauli, P.S.
                 -Darauli, Dist. - Siwan.
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Anupam, Advocate
                 For the Opposite Party/s :       Ms.Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Darauli

                   P.S. Case No. 291 of 2025 instituted for the offences under

                   Sections 317(2), 338, 336(3) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 25(1-B)(A) 26 of the Arms Act.

                               3. Prosecution case, in short, is that in course of

                   vehicle checking a motorcycle was seized, but petitioner failed

                   to produce any paper regarding ownership of the said

                   motorcycle. On search, a country made pistol along with three

                   live cartridge were recovered from the possession of the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
           Patna High Court CR. MISC. No.2232 of 2026(2) dt.21-01-2026
                                                       2/2




                     incriminating/looted article has been recovered from the

                     conscious possession of the petitioner. It has been submitted on

                     behalf of the petitioner that the petitioner is in custody since

                     30.10.2025 and has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Darauli P.S. Case

                     No. 291 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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