Patna High Court
Raj Kapoor @ Raj Kumar @ Aman @ Karma Misthi @ Karma MistryversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Raj Kapoor, was arrested in connection with a case registered under Section 111 of the B.N.S. and Sections 25(1‑b)a and 26 of the Arms Act after a raid recovered five pistols and 100 cartridges from his house. He applied for bail, contending that he was implicated only because of his prior criminal record and that there was no independent witness or substantive material to support the charge under Section 111. The State opposed bail, emphasizing the large quantity of arms seized, the petitioner’s five prior convictions, and that the investigation was only at the charge‑sheet stage. The Court, after weighing the facts, held that the seriousness of the offence, the volume of seized weapons and the petitioner’s antecedents warranted denial of bail at this stage. The bail petition was therefore rejected, with a direction that the petitioner may renew the application if the case does not progress within a reasonable time.
Issues considered
- Whether bail should be granted to the accused under Section 111 of the B.N.S. and the Arms Act given the seizure of five pistols, 100 cartridges and his criminal antecedents.
- Whether the stage of the investigation (pre‑charge‑sheet) and the nature of the alleged organized crime offence justify denial of bail.
Legislation cited
Subjects
- bail
- arms seizure
- criminal antecedents
- organized crime
- Section 111
- Arms Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3401 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- AZIMABAD District- Bhojpur
======================================================
Raj Kapoor @ Raj Kumar @ Aman @ Karma Misthi @ Karma Mistry Son of
Kashinath Singh Resident of Village - Kamariya (Kamaria), P.S.- Azimabad,
District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 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 111 of the B.N.S. and
Section 25(1-b)a and 26 of the Arms Act.
3. As per the prosecution case, on secret
information, a raid was conducted at the house of the accused
persons, resulting in the recovery of five pistols and 100
cartridges.
4. Learned counsel for the petitioner submits that
the petitioner has been made an accused in the present case
only on the ground that he has criminal antecedents. Further,
there is no independent witness to the seizure list and there is
Patna High Court CR. MISC. No.3401 of 2026(3) dt.25-02-2026
2/2
no substantive material to attract the offence of Section 111 of
the B.N.S.. The petitioner is in custody since 11.07.2025.
5. Learned APP for the State opposed the grant of
bail on the ground that 5 firearms along with 100 cartridges
have been recovered from the house of the petitioner and he
has five criminal antecedents and the stage of the case is only
till the submission of charge-sheet.
6. Taking into consideration the facts and
circumstances and considering the quantity of seizure made
from the house of the petitioner, coupled with his criminal
antecedents and since the offence relates to organized crime,
this Court is not inclined to grant the privilege of bail to the
petitioner at this stage. Accordingly, the prayer for bail of the
petitioner is hereby rejected in connection with Azimabad P.S.
Case No.72 of 2025.
7. However, if substantial progress is not made in
the case within reasonable frame of time, the petitioner may
renew his prayer for bail.
(Soni Shrivastava, J)
anand/-
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