Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to all three petitioners subject to a Rs.10,000 bond, two sureties, and verification of any other pending criminal cases.
Summary
The Patna High Court considered applications for regular bail filed by three accused—Kumar Amarjeet Yadav, Rahul Kumar, and Sumit Kumar—arising from a case registered under Danapur Police Station for offences under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that each petitioner was found in possession of a country‑made pistol and live cartridges, while the defence contended that the accused were falsely implicated and have clean antecedents except for Rahul Kumar, who has a prior record. After hearing both sides, the court held that bail could be granted provided the petitioners furnish a bail bond of Rs.10,000 with two sureties each and cooperate with the trial. The court also directed the lower court to verify any other criminal cases against the petitioners before accepting the bail bonds. Consequently, the petitioners were ordered to be released on bail subject to the stipulated conditions.
Issues considered
- Whether regular bail should be granted to the accused in offences under the Bihar Narcotic Substances Act and the Arms Act despite the seriousness of the charges.
- Whether the antecedents of the accused, particularly the prior record of Rahul Kumar, preclude the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- regular bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- bail bond
- antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1951 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Kumar Amarjeet Yadav @ Amarjeet Yadav @ Chhote @ Chhotu Yadav S/o-
Satendra Prasad Yadav @ Satyendra Rai Resident of Village- Awasthi Chowk,
P.S.- Gourichak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3230 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Rahul Kumar S/o Dina Nath Rai @ Dinanat Ray Resident of Village - Ram
Bilash Chauk, Main Road, Ward No. 31, Police Station - Kankarbagh, District
- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 3635 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Sumit Kumar @ Kallu @ R.D.S S/o Rakesh Kumar R/O New Vigrapur, Ward
No. 30, P.S- Jakkanpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 1951 of 2026)
For the Petitioner/s : Mr.Md Jubair Ansari
For the Opposite Party/s : Mr.Syed Mojibur Rahman
(In CRIMINAL MISCELLANEOUS No. 3230 of 2026)
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Parmanand Prasad
(In CRIMINAL MISCELLANEOUS No. 3635 of 2026)
For the Petitioner/s : Mr.Dhirendra Prasad Sinha
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
Patna High Court CR. MISC. No.1951 of 2026(2) dt.22-01-2026
2/3
2 22-01-2026 Heard the learned counsel for the petitioners as well
as the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in
connection with Danapur P.S. Case No. 981 of 2025, registered
for the offences punishable under Sections 310(4), 310(5) of the
BNS and Sections 25(1-B)a/26/35 of the Arms Act.
3. As per allegation, one country-made pistol along
with live cartridges was recovered from possession of petitioner
Kumar Amarjeet Yadav @ Amarjeet Yadav @ Chhote @ Chhotu
Yadav, one country-made pistol with one live cartridge was
recovered from possession of petitioner Rahul Kumar and one
country-made pistol with one live cartridge was recovered from
possession of petitioner Sumit Kumar @ Kallu @ R.D.S.
4. The learned counsel for the petitioners have
submitted that the petitioners are innocent and have falsely been
implicated in this case. Nothing was recovered from the
possession of the petitioners. He has further submitted that the
petitioners are persons of clean antecedents, except petitioner
Rahul Kumar, who has a criminal antecedent. The petitioner
Rahul Kumar has been in custody since 13.09.2025 whereas rest
two petitioners are in custody since 12.09.2025.
5. Considering the above-mentioned facts and
Patna High Court CR. MISC. No.1951 of 2026(2) dt.22-01-2026
3/3
circumstances, let the petitioners above-named, are directed to
furnish bail bond and on doing so, the court below shall release
the petitioners on bail on furnishing bail bonds of Rs.10,000/-
each with two sureties of the like amount each to the satisfaction
of learned SDJM, Danapur, Patna/Concerned Court in
connection with Danapur P.S. Case No. 981 of 2025, subject to
the following conditions that the petitioners shall cooperate in
the disposal of trial and make themselves available as and
when required by the court.
6. Before accepting the bail bonds, the learned
court below shall verify the criminal antecedents of the
petitioners, and if it is found that the petitioners namely
Kumar Amarjeet Yadav @ Amarjeet Yadav @ Chhote @
Chhotu Yadav and Sumit Kumar @ Kallu @ R.D.S are
involved in any other case except the present one and if the
petitioner Rahul Kumar is found involved in any other case
except the case(s) mentioned in paragraph no. 3 of the bail
petition, their bail bonds shall not be accepted.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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