Patna High Court
Birbal Kumar Chauhan @ BengaliversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the petitioner’s alleged involvement in demand of rangdari warrants denial of regular bail.
Summary
The petitioner, Birbal Kumar Chauhan, applied for regular bail in a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act for allegedly demanding rangdari and possessing a country‑made pistol. The prosecution alleged that the pistol used for the demand was recovered from the petitioner, while the petitioner claimed false implication and asserted no incriminating articles were found in his possession. The petitioner’s counsel highlighted his lack of prior criminal record and his willingness to cooperate with the trial, whereas the Additional Public Prosecutor opposed bail. The court examined the seriousness of the alleged arms‑related offence and the petitioner’s alleged involvement in rangdari. Concluding that the petitioner was involved in the demand of rangdari, the court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- What is the appropriate decision on the grant of regular bail to the petitioner under the Arms Act?
- Does the alleged involvement in demand of rangdari justify denial of bail?
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- Section 25
- Section 26
- Section 35
- rangdari
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22505 of 2026
Arising Out of PS. Case No.-752 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Birbal Kumar Chauhan @ Bengali S/O Chotelal Chauhan @ Chotelal
Chawan Resident of village- Sarawe, P.S- Mufassil, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rohit Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Agamkuan P.S. Case No. 752/2025 registered for the offences
punishable under Sections 25(1-b)(a), 26 and 35 of Arms Act.
3. As per the prosecution case, petitioner has been
found to be demanding rangdari and one country-made pistol
used for demanding rangdari has been recovered from the
possession of petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has no criminal
antecedents and he is in custody since 10.10.2025. The
Patna High Court CR. MISC. No.22505 of 2026(2) dt.30-04-2026
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petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the petitioner is involved
in demand of rangdari, this Court is not inclined to grant bail to
the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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