Patna High Court
Raunak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Petitioner Raunak Kumar sought anticipatory bail after being named in an FIR for offences under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The only basis for his inclusion was a confessional statement of co‑accused Manish Mandal, from whose mango orchard a country‑made pistol and two live cartridges were recovered. The FIR admitted that no independent witness recorded the seizure, breaching mandatory search‑seizure provisions, and no weapon was found in the petitioner’s possession or residence. The State opposed the bail, but the Court noted that the recovery was made at the co‑accused’s instance, the petitioner had no direct link to the contraband, and his inclusion was merely on suspicion. Consequently, the Court granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the only evidence against him is a co‑accused’s statement and there is no direct recovery from his possession.
- Whether the lack of an independent witness to the seizure violates statutory search‑seizure requirements, affecting the bail application.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- search and seizure
- confessional statement
- co‑accused
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25237 of 2026
Arising Out of PS. Case No.-192 Year-2024 Thana- SURSAND District- Sitamarhi
======================================================
Raunak Kumar, Son of Khelawan Mandal, Resident Of Village- Gopalpur,
PS- Sursand, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 25(1-b),
(a), 26 and 35 of the Arms Act.
3. On the basis of confessional statement of co-
accused Manish Mandal who was arrested in Sursand P.S. Case
No. 191 of 2024, police recovered a countrymade pistol and two
live cartridge from the mango orchard of Manish Mandal and
petitioner was made accused in the present case.
4. Learned counsel for the petitioner submits that it
would be apparent from the first information report itself that
during course of raid one country made pistol and two live
cartridges were recovered from the mango orchard of one
Patna High Court CR. MISC. No.25237 of 2026(2) dt.30-04-2026
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Manish Mandal which was recovered at his instance. It has also
been admitted in the FIR itself that there is no independent
witness to the seizure list, thereby, causing violation of the
mandatory provisions of search and seizure. However, in the last
portion of the FIR the name of the present petitioner has also
appeared as an accused. It is further submitted that no recovery
has been made from the personal or conscious possession or
even from the house of the petitioner and he has only been made
an accused on account of his criminal antecedents.
5. Learned APP for the State opposed the prayer
for anticipatory bail.
6. Taking into consideration the facts and
circumstances of the case and considering the fact that the
recovery has been made from an open place at the instance of
co-accused Manish Mandal, who has already been granted
regular bail and the name of petitioner merely transpired on
suspicion in the FIR, let the above named petitioner, be released
on bail, in the event of his arrest or surrender before the learned
Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Patna High Court CR. MISC. No.25237 of 2026(2) dt.30-04-2026
3/3
Court in connection with Sursand P.S. Case No. 192 of 2024,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to condition(s) that:
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and make themselves
available as and when so required, failing which the prosecution
will be at liberty to move cancellation of their bail bond.
(Soni Shrivastava, J)
khushbu/-
U T
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