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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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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