Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a case alleging possession of a loaded pistol and cartridges, offences under Sections 25(1-b)(a), 26 and 35 of the Arms Act. He claimed innocence, asserting that the weapons were planted by police and that nothing was found in his conscious possession. The State opposed bail, while the petitioner’s counsel argued lack of criminal antecedents and false implication. The Court, after considering the submissions, granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, presence at hearings, and restrictions on tampering with evidence. The bail order also required a blood relative as one bailor and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused in offences under the Arms Act (Sections 25(1‑b)(a), 26, 35).
- Whether the circumstances of alleged planting of evidence and lack of prior criminal record justify bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- false implication
- evidence tampering
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2811 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- MARANCHI District- Patna
======================================================
Rohit Kumar, Son of Kailu Mahto, Resident of Village- Simariyaghat, Bind
Toli, P.S.- Chakiya, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Maranchi P.S. Case No. 102 of 2025 dated 27.01.2025 instituted
for the offence punishable under Sections 25(1-b)(a), 26, 35 of
the Arms Act.
3. Allegation is of recovery of one country made
loaded pistol from the possession of the petitioner. One live
cartridge and one empty cartridge were also recovered from the
possession of the co-accused Chandan Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.2811 of 2026(3) dt.23-02-2026
2/3
the petitioner. It is further submitted that the petitioner has no
concern with said recovery. The recovery was planted by the
police. Lastly, it has been submitted that the petitioner is in
custody since 27.10.2025 having no criminal antecedents.
Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M.-III, Barh, Patna
in connection with Maranchi P.S. Case No. 102 of 2025, subject
to the following conditions:-
1. Petitioner shall co-operate in the trial and shall
be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
Patna High Court CR. MISC. No.2811 of 2026(3) dt.23-02-2026
3/3
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.