Patna High Court
Rabish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner as the charge‑sheet was filed, he had no criminal antecedent, and the recovery of arms was contested.
Summary
Rabish Kumar, a 23‑year‑old student, was arrested in connection with a case under Sections 25(1‑B)(a), 26, 27 and 35 of the Arms Act after two country‑made pistols, a live cartridge, empty cartridges, a bracelet and four mobile phones were allegedly recovered from his room. The petitioner contended that the recovery was false, there was no independent witness to the search, and no arms were found in his personal possession. He had been in custody since 17‑12‑2025, had no prior criminal record, and a charge‑sheet had already been filed. The State opposed bail. Considering the lack of antecedents, the filing of the charge‑sheet and the circumstances of the recovery, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences given the circumstances of the alleged recovery and his custody status
- Whether the alleged recovery of arms is valid in the absence of an independent witness to the search
- Whether the filing of the charge‑sheet and the accused’s clean record justify bail
Legislation cited
- Arms Act, 1959 — s. 25(1-B)(a), 26, 27, 35
Subjects
- bail
- Arms Act
- illegal seizure
- false recovery
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27921 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Rabish Kumar S/o- Masudan Mahto @ Masudan Mahto Village- Abgil
Husaina PS- Medni Chowki, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 25(1-B)(a) and 26, 27,
35 of the Arms Act.
3. As per the prosecution case, there is a recovery
of two country made pistols, one live cartridge, four empty
cartridges, one bracelet and four mobile phones from the room
of the petitioner.
4. Learned counsel for the petitioner submits that a
false recovery of two country made pistol, one live cartridge
and four empty cartridges have been shown from the room of
the petitioner and there is no independent witness to the search
and seizure. It has also been submitted that the petitioner is a
Patna High Court CR. MISC. No.27921 of 2026(3) dt.10-06-2026
2/2
young boy aged about 23 years and is also pursuing his studies.
No recovery has been made from his personal or conscious
possession as he was not caught on the spot. The petitioner is in
custody since 17.12.2025 without any criminal antecedent and
the charge-sheet has already been submitted.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner has remained in custody since 17.12.2025 and charge
sheet has already been submitted coupled with the fact that the
petitioner has no criminal antecedent, let the above named
petitioner, be released on bail 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 Judicial
Magistrate 1st Class, Lakhisarai/concerned Court below in
connection with Mednichowki P.S. Case No. 181 of 2025.
(Soni Shrivastava, J)
priyanka/Nitu/-
U T
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