Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, granting the petitioner release on bond with conditions.
Summary
The petitioner, Rahul Kumar, was arrested in connection with Atri Police Station Case No. 429 of 2025 for alleged offences under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He contended that he was not related to the deceased or her husband, and that the husband had merely purchased two bullets from him, asserting his innocence. The petitioner had been in custody since 23 October 2025 and sought regular bail, while the State opposed the relief. The Court examined the nature of the allegations, the period of custody, and the petitioner’s claim of innocence. Concluding that the circumstances did not warrant continued detention, the Court granted regular bail on a bond of Rs. 10,000 with two sureties and imposed a condition of monthly attendance at the police station.
Issues considered
- Whether regular bail should be granted to the petitioner accused under Section 103(1) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
- Whether the nature of the alleged offences and the period of custody justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 103
- Section 27
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27096 of 2026
Arising Out of PS. Case No.-429 Year-2025 Thana- ATRI District- Gaya
======================================================
Rahul Kumar Son of Nagendra Singh Resident of Village - Seedh, P.S. - Atri,
District - Gaya ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Atri P.S. Case No. 429 of 2025 registered for the offence under
Section(s) 103(1) of the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
3. The petitioner is not a member of the family of the
deceased and her husband. It is said that the husband had
purchased two bullets from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 23.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.27096 of 2026(2) dt.22-04-2026
2/2
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Atri P.S. Case No.
429 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Atri Police Station on the
first and third Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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