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Patna High Court

Raj Kapoor @ Raj Kumar @ Aman @ Karma Misthi @ Karma MistryversusThe State of Bihar

Decided
Disposal
REJECTED

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/-
U       T


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