Patna High Court
Rohit RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner, finding no sufficient material linking him directly to the seized arms.
Summary
The petitioner, Rohit Ranjan, was arrested in connection with a case under Sections 25(1‑b)(a), 26 and 35 of the Arms Act, where a pistol, live cartridges and a motorcycle were seized from his co‑accused, Anil Kumar. The petitioner contended that no incriminating article was found in his possession and that he was falsely implicated after a police stop and a heated exchange. He argued that he had no prior criminal record and had been in custody since 23‑11‑2025. The State opposed the bail application, asserting the seriousness of the arms offences. After considering the submissions and the fact that the seized weapons were linked only to the co‑accused, the court held that the petitioner was entitled to bail. Accordingly, 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 a person accused under the Arms Act in the absence of any incriminating article recovered from his possession
- Whether the petitioner’s alleged involvement can be established solely on the basis of the co‑accused’s seizure
- Whether the petitioner’s lack of prior criminal record and custody duration justify bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
Subjects
- bail
- Arms Act
- false implication
- seizure of weapons
- co‑accused
- police stop
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2888 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- MOKAMAH District- Patna
======================================================
Rohit Ranjan, S/o Naresh Mahto, R/o Village- Mor English, ward no 10, P.O.
and P.S- Mokama, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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
Mokama P.S. Case No. 432 of 2025 dated 22.11.2025 instituted
for the offence punishable under Sections 25(1-b)(a), 26, 35 of
the Arms Act.
3. As per the prosecution case, two persons were
arrested and one country made pistol and four live cartridges
were recovered from the possession of the co-accused Anil
Kumar. A Hero Splendor Motorcycle bearing Reg. No. BR01-
EU-7088 was also recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.2888 of 2026(3) dt.23-02-2026
2/3
case. Learned counsel for the petitioner further submits that no
incriminating article has been recovered from the possession of
the petitioner, rather, the same has been recovered from the
possession of co-accused Anil Kumar. It is further submitted
that on the alleged date of occurrence, when the petitioner was
going to Mokama on his motorcycle with co-accused Anil
Kumar, in the way, the police party stopped petitioner’s
motorcycle for vehicle checking, upon which a hot talk took
place between them. Thereafter, the police party implicated the
petitioner in this case. The said motorcycle belongs to the
petitioner. It is further submitted that as per the seizure list, one
country made pistol, four live cartridges and a Hero Splendor
motorcycle were recovered from the possession of the co-
accused Anil Kumar. Learned counsel for the petitioner submits
that nothing has been recovered from the conscious possession
of the petitioner. Lastly, it has been submitted that the petitioner
is in custody since 23.11.2025 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
Patna High Court CR. MISC. No.2888 of 2026(3) dt.23-02-2026
3/3
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 Additional Chief Judicial
Magistrate -IIIrd, Barh Patna in connection with Mokama P.S.
Case No. 432 of 2025.
(Khatim Reza, J)
premchand/-
U T
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