Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Rajesh Kumar, applied for regular bail in a case registered under multiple provisions of the Arms Act and the Bihar Prohibition and Excise Act, alleging that he was falsely implicated and that no incriminating article was recovered from his possession. The prosecution alleged that a country‑made pistol was seized from the petitioner and liquor from a co‑accused. The petitioner had been in custody since 25‑Oct‑2025 and a chargesheet had been filed. The Court considered the allegations in the FIR, the length of pre‑trial detention, and the filing of the chargesheet. It ordered that the petitioner be released on bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Court of Excise. The bail was granted, effectively disposing of the petition for regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act and the Bihar Prohibition and Excise Act despite the FIR allegations.
- Whether the duration of pre‑trial detention and filing of the chargesheet justify granting bail.
Legislation cited
- Arms Act — s. 25(1‑B)(a), 26, 27, 35
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Arms Act
- Bihar Prohibition and Excise Act
- false implication
- pre‑trial detention
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23976 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- SAHJAHANPUR District- Patna
======================================================
Rajesh Kumar Son of Dharambir Mistri R/o Village - Singriyawan, P.S.-
Shahjahanpur, District - Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shahjahanpur P.S.Case
no. 96 of 2025 registered under sections 25(1-B)(a), 26, 35 and
27 of the Arms Act and section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, a country made
pistol was recovered from the possession of the petitioner while
750 ml liquor was recovered from the possession of the
coaccused.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case. No incriminating article has been recovered from his
possession. He is in custody since 25.10.2025 and chargesheet
Patna High Court CR. MISC. No.23976 of 2026(2) dt.16-04-2026
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has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R. together with the petitioner having remained in custody since
25.10.2025 and chargesheet having been submitted in the case, the
Court directs the petitioner to be enlarged on bail in connection with
Shahjahanpur P.S.Case no. 96 of 2025 on furnishing bail bond of
Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Court of Excise, Patna City, Patna.
(Partha Sarthy, J)
Bibhash
U T
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