Patna High Court
Rajnish Kumar @ BabalaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner Rajnish Kumar was arrested in connection with a case registered under Sections 25(1‑B)a and 26 of the Arms Act after a pistol and three live cartridges were recovered from him. He has been in custody since 23 November 2024 and has three prior criminal convictions. The petitioner sought regular bail, but the court noted his criminal antecedents and the fact that his bail had earlier been denied in a related matter (Cr. Appeal (SJ) No. 864 of 2026). Considering these circumstances, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 25(1‑B)a and 26 of the Arms Act given the recovery of a firearm and live cartridges
- Whether the petitioner’s prior criminal antecedents and earlier bail denial justify refusal of bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26
Subjects
- regular bail
- Arms Act
- firearm possession
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28577 of 2026
Arising Out of PS. Case No.-869 Year-2024 Thana- DIGHA District- Patna
======================================================
Rajnish Kumar @ Babala S/o Late Damodar Prasad R/o vill- Ramji Chak
Nach Bagicha, PS- Digha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Digha P.S. Case No. 869 of 2024 registered for the offence
under Sections 25(1-B)a and 26 of the Arms Act.
3. As per the prosecution case, there is recovery of
one pistol along with magazine containing three live cartridges
from the petitioner.
4. The petitioner is in custody since 23.11.2024 and
has three criminal antecedents. The prayer for bail of the present
petitioner was earlier rejected by this Court in connection with
Digha P.S. Case No. 477 of 2024 in Cr. Appeal (SJ) No. 864 of
2026 vide order dated 02.04.2026.
5. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.28577 of 2026(2) dt.11-05-2026
2/2
of the case including the criminal antecedents of the petitioner
and the earlier rejection of his bail application in the connected
matter, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. 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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